Legal Question in Credit and Debt Law in Pennsylvania

Is the widow legally liable for credit card debts of her deceased husband in Pennsylvania if the cards were in his name only?


Asked on 1/07/11, 12:38 pm

1 Answer from Attorneys

A qualified no. Did you ever use the card? Were you an authorized user? Or were these purely your husband's credit cards? If you used it, you might be obligated to pay for your purchasers. If you were an authorized user but never used the card or if these were solely in your husband's name, then no.

The only other exception might be if the charges were for "necessaries," like medical care, but otherwise the answer is no, you are not responsible.

However, was an estate ever probated for your husband? Did your husband have assets? If so, then his assets need to be used to pay any claims, including credit card debts, provided there is enough money in the estate to do so.

I suggest that you discuss this with a probate attorney in your area who can more thoroughly review the assets and any claims. A spouse gets a family exemption which is paid before any claims of creditors. If all the assets are consumed by the family exemption or expenses of a higher priority than credit card debts, then the credit card company gets nothing.

If there really is not anything to even justify probating the estate, send a letter via certified mail to the creditor along with a copy of the death certificate. Advise the creditor your husband has passed on, that probate is not justified as your husband had little or no assets and that you are not liable for his debts.

Read more
Answered on 1/12/11, 3:32 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Pennsylvania