[Toxic]

My wife's father passed away just before Christmas leaving behind some substantial credit card debt. He left behind no estate and no last Will. I was coaxed into paying for the funeral as well as cleaning up all lose ends after his passing, at the time not knowing what I was getting into. I have been returning his credit card bills with a copy of his death certificate, the whole time remaining anonymous. Are my wife and I going to be somehow help responsible for her fathers debt? As I mentioned, he left nothing behind except sorrow and debt. Where do I go from here? Can anyone help me out here?

Thanks

Tox

[CaptainForest]

Both you and your wife are NOT responsible for his debts.

The law indicates that NO ONE can inherit other people's debts. Normally, his assets should be sold and divided amongst his creditors. Since there are no assets to speak of, his creditors are in tough waters.

You aren't responsible for his debts.

[fredg]

Hi,
I am sorry to hear about your wife's father.
I agree with CaptainForest in that you are not responsible for his debts. If they are in his name only, the credit card company is out the money.
Instead of sending a copy of the death certificate along with the bill, I would call the credit card company main toll free number. Talk with a customer service representative and ask where and who to fax a copy of the death certificate.
Just sending the copy with the bill might not accomplish anything, because the billing department, or agency, is normally separate from other departments.
For example:
As a past customer service representative for a wireless phone company (cell phones), I contacted the appropriate department for those calling in about a deceased person. If the contract with the company was in his name only, someone could fax a copy of the death certificate, and all the depts were canceled.
I do wish you the best of luck.

[s_cianci]

Unless you and/or your wife were cosigners for any of your late father-in-law's debts, you cannot be held responsible. Similarly, as long as the debts were not secured by any real assets that were jointly owned by you and/or your wife, you have nothing to worry about. I would think that a lien would be placed on the estate by his creditors to recover as much of the debt as possible, then the remaining debt would be forgiven. Talk to an attorney who does estate planning for full information. The lawyer referral service for your county of residence should be able to help you obtain an initial, low-cost consultation.

[Fr_Chuck]

At times a spouse can be held responsible for debts of another depending on state law.

But you can not be held responsible. Now if there was money in the estate and you took it and did not pay bills from it first, they can go after that money.

The court could have and should have named an exector of the estate.
As such ( it may have been you) you would have acted on behalf of the estate and notified the lenders of the death. There is no need to hide your idenity, that may only make the creditors believe something fishy is going on.

Make sure all of the death certificates you are sending out are certified, so they will be honored for sure.

This is common procedure when someone dies. The credit companies may have specific forms you need to fill out in regard to the death but normally not.