Legal Question in Wills and Trusts in Georgia

Condolences for your loss. When did your husband die? Did he have a will? Was an estate probated for your husband? What assets did he own at t he time of death and how were they titled? Many assets are non-probate asset - things like life insurance, jointly owned real property with right of survivorship or jointly owned bank accounts. For non-probate assets, the property passes directly to the survivor upon death of the deceased.

You are not directly liable for your husband's debts. These would be claims against his estate. So you are indirectly liable in the sense that claims of creditors must be paid before heirs can receive anything with some exceptions.

So first you have to figure out if there are any probate assets. If the answer is no because your husband owned nothing, then you simply write a letter to the creditor or debt collector and send via certified mail, return receipt requested. In the letter you advise that your husband had the credit card account solely in his name, that he died (include a death certificate). Advise that you are not personally liable for your husband's debts, that your husband had no assets justifying probate and that no estate will be probated on his behalf.

Of course, if there are probate assets, then there needs to be an estate administered on his behalf. If there is no will, then you or anyone can apply to be the personal representative. I suggest in t hat case that you seek out legal help. If there is enough assets, all claims are paid but if there are insufficient assets to pay ll creditors, then claims are paid in order of priority as outlined by state law. Credit card debt is the absolute lowest priority. Things like estate administration expenses (legal fees and commission paid to the personal representative), yearly allowance for the surviving spouse, funeral bills and medical expenses incurred in the year prior to death are all things of a higher priority than a credit card. If there is no money, then the claim is simply denied by the personal representative.

I suggest you go see a probate attorney who practices in the county where an estate would be pending for your husband. Failing that, go and talk to the clerk of the probate court for your county to see if any estate would need to be administered. If not, then you write the letter as outlined above.