Legal Question in Credit and Debt Law in Pennsylvania

creditcard

when cardholder dies and you have a second card are you liable for the balance ?


Asked on 3/20/07, 1:51 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: creditcard

You asked about using a credit card after the cardholder dies.

It's a rather complex question. If the cardholder held the card only in his/her name then all rights to use of the cards ceased immediately upon death. The debt would be a debt of the estate. If the survivor is an "authorized user" then the card is invalid upon the moment of the primary user's death and the debt generally becomes part of the estate. But, either the card company or the estate can claim, and will obtain, judgment against an authorized user for any debts incurred for which that person was a beneficiary. For example, if the authorized user bought a bicycle for use then that debt would be paid by the authorized user. If the decedent bought a bicycle as a gift for the survivor the debt would rest with the estate. But if the decedent bought a tandem bicycle that the two could enjoy together then likely the survivor would be responsible for the debt.

If the card was held jointly, that is both parties had complete rights to and responsibility for the use of the card, then the card and all debts would become the survivor's responsibility after the death of the other party.

These situations are often fact dependent and should be handled in the larger administration of the decedent's estate. This is short answer to a complex question and should be sorted out by an attorney with more information than you provided.

Regards,

Roger

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Answered on 3/20/07, 3:23 pm


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