Legal Question in Family Law in Virginia
Credit card debt of a deceased husband
My father left some credit card debt when he passed away. I understand that my mother is not responsible for his debt because she was not on the cards but can the credit card companies take the life insurance monay that was left to her or can they attach a lein against the house that is jointly owned by both of them?
1 Answer from Attorneys
Re: Credit card debt of a deceased husband
Life insurance proceeds would be directly payable to your mother as beneficiary on the policy and would not be "takeable" by a credit card company. They could only record a lien on the proeprty in the unlikely event that they succeeded in obtaining a judgment against your mother for charges made on her deceased husband's credit card account(s) which were deemed to have been for so-called "necessaries of life" for which she could theoretically be held responsible as his spouse.(Again, quite unlikely).
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