Legal Question in Wills and Trusts in Wisconsin

I have a substantial amount of credit card debt and my wife is worried that if I die she will be stuck with the debt. All the cards are just under my name and she was not listed on the applications. Most were opened during our 12 year marriage. I'm 57 years old and in good health and live in Wisconsin. Do I have any options to protect her in case something does happen. I do have life insurance, but don't want to have that go to credit cards.

Asked on 9/06/17, 6:13 am

1 Answer from Attorneys

JAY Nixon nixon law offices

If you file bankruptcy before you die, the credit card debt would normally be discharged. If the creditors do not know that you are married and they are not marital debt, your wife may have a defense to collection suits, but it would be expensive to defend them, with uncertain results, unlike a joint bankruptcy filing now. The creditors could also make a claim against your estate. In bankruptcy, discharge, which is legal forgiveness of the debts, would be fairly certain, assuming that you are well representted. If your attorney properly prosecutes your exemption claims and your homestead real estate and other assets do not exceed successfully claimed exemptions, you should not lose any of your possessions. Talk to an experienced bankruptcy lawyer today.

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Answered on 9/13/17, 4:10 am

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