[MoeBo101]

My husband passed away two weeks ago. Am I legally responsible for any credit card only his name. I live in the state of GA and not sure if this is a community-property state.

[Cedarln2265]

The standard is that the widow is not responsible for debt incurred by her late husband. You could check and see if he had insurance that he was paying for on the credit card. It would be on the credit card statement. When my husband died that was what our attorney told me but this is TN. It is the same in KY that I know. You could ask an attorney or call legal aid in your community. My condolences, I truly know. Good luck

[JudyKayTee]

The standard is that the widow is not responsible for debt incurred by her late husband. You could check and see if he had insurance that he was paying for on the credit card. It would be on the credit card statement. When my husband died that was what our attorney told me but this is TN. It is the same in KY that I know. You could ask an attorney or call legal aid in your community. My condolences, I truly know. good luck

Could you post a source for this standard?

The estate IS responsible for the debt so basically that debt comes off the top and the widow gets less.

Is this a credit card in only his name?

I'm sorry for your loss - I am also a widow and I remember how lost and alone I was the first few months.

Has the estate been admitted to probate?

[Cedarln2265]

I did my attorney said so

[JudyKayTee]

I did my attorney said so

I'm sorry but "someone said so" is not a legal citation - I am unable to find this information and, in fact, what I find is contrary to what you posted.

Your circumstances very well may not be the same as the OP's and that has to be taken into consideration.

My Attorney told me a whole lot of stuff when my husband died, some of which was incorrect.

[Cedarln2265]

Well apparently what he told me was correct in that I got letter that the balance was 0 when I submitted a Death Certificate.

[JudyKayTee]

Well apparently what he told me was correct in that I got letter that the balance was 0 when I submitted a Death Certificate.

Did it state that that was because there was insurance on the balance? Very unusual for the estate not to be responsible for the debt.

The question is whether the widow is responsible. She says nothing about credit card insurance - although it is a good angle if her husband carried it.

Otherwise - to OP - has the estate been probated?

[Cedarln2265]

Not and not unusual... she didn't have question about will... he may not have had one

[JudyKayTee]

I am not going to bicker back and forth with you - I have no idea what your legal expertise is.

I am saying that you don't need to have a Will to go to Probate Court - if her husband died intestate she may very well end up there.

I have no idea why your husband's estate skated where there was a credit card debt involved. Maybe you have some insight; maybe your Attorney has some insight; maybe everyone who is terminally ill in your State should run up a high credit card balance because it won't have to be paid off.

I don't know.

I do know that the question was, " Am I legally responsible for any credit card only his name. I live in the state of GA and not sure if this is a community-property state."

The short answer is - "In a community property states (WHICH GEORGIA IS), debt acquired during the marriage (as opposed to debt acquired prior to the marriage) is owned jointly by both spouses and is divided upon divorce, annulment or death. Joint ownership is automatically presumed by law, unless there is specific evidence that would point to a contrary conclusion for a particular debt. If you live in a community property state (listed below), both spouses are held accountable for any and all debts acquired during the marriage, even if the account was is listed exclusively in one spouse's name." Community Property Laws & Your Debt

Tennessee is not - you are adding apples and oranges and coming up with an answer.

Incorrect answers help no one - and quite frankly offend those of us who work in the legal field every day.

[Cedarln2265]

When the estate is deemed "worthless" that comes under Federal Code 3466 and then goes back to State Code. Which is Ga 53-7-42
Probate requires a court fee.
So I started with the Federal Code and that's how the creditor wrote it off.

[JudyKayTee]

Confused - Federal Code 3466 addresses grants. I have no idea how that fits into a discussion about credit cards and debt.

Georgia 53-7-42 gives the time line within which debts are required to be paid: "(a) The personal representative shall not be required to pay the debts of the estate, wholly or in part, until six months from the date of qualification of the first personal representative to serve. If partial payment shall be made, it shall be pro rata on debts of equal priority, including debts due the personal representative, and shall continue pro rata until the debts of the estate shall be paid out. Successive dividends to creditors shall be made at the end of every year until the estate shall be paid out.
(b) No action to recover a debt due by the decedent shall be commenced against the personal representative until the expiration of six months from the date of qualification of the first personal representative to serve."

I see nothing in either of these that says debts don't have to be paid.

[ScottGem]

The standard is that the widow is not responsible for debt incurred by her late husband. You could check and see if he had insurance that he was paying for on the credit card. It would be on the credit card statement. When my husband died that was what our attorney told me but this is TN. It is the same in KY that I know. You could ask an attorney or call legal aid in your community. My condolences, I truly know. good luck

This question was posted in a legal forum, therefore answers to this site have to conform to existing statute. So it is not unusual for a statement about existing statute to be questioned for documentation to back it up. Please be aware of this and be prepared to backup your statements.

The cites you gave do NOT apply to the situation in this thread as Judy pointed out.

First, debts owed solely by a decedant are transferred to their estate. If there is no money in the estate to cover those debts, then the executor or representative of the estate can make a statement of such to creditor with proof of death.

Second, in a Community property state, debts occurred during the marriage are shared by the spouse. So the correct answer to the OP is that, yes, she is personally responsible for the balance on that credit card.

We pride ourselves in the accuracy of the advice we provide here. Very often, the experience one has with a single situation, may not be applicable to someone else's situation. So your experience under TN law was not applicable to the OP who is under GA law. Therefore, not only was your response inaccurate, it was not helpful. Please be more careful in responding to questions to ensure the accuracy of the response.

[Cedarln2265]

Assumed you knew that worthless estate comes under IRS Bankruptcy... googling Federal Code 3466 does get you to a grant site
Also, Georgia code correction is for the one that states that the dower/heirs are only liable for the amount that they " benefited " from the unsecured debt.
Provision is also made for Bad Debt for Companies/Business in the IRS code when a situation is deemed "worthless". So they can write it off as expense
Probate is for legally establishing heirs when assets/property are involved.

[JudyKayTee]

Assumed you knew that worthless estate comes under IRS Bankruptcy... googling Federal Code 3466 does get you to a grant site
Also, Georgia code correction is for the one that states that the dower/heirs are only liable for the amount that they " benefited " from the unsecured debt.
Provision is also made for Bad Debt for Companies/Business in the IRS code when a situation is deemed "worthless". so they can write it off as expense
Probate is for legally establishing heirs when assets/property are involved.

IRS Bankruptcy? What is that? IRS 3466 is (I think) the tax table!

You apparently do not know how to give citations. I also never heard of IRS Bankruptcy so your assumption was incorrect.

And this makes no sense (I have provided the bold): "Agreed Debts can be transferred but if the estate does not have assets that are not protected under dower rights then a widow can submit a Death Certificate and the credit card company can write the balance off as a Bad Debt Expense"

This is not helpful to the OP - I would like to know your expertise in the legal field, as I asked earlier, but otherwise it's probably time to close this.

[ScottGem]

Assumed you knew that worthless estate comes under IRS Bankruptcy... googling Federal Code 3466 does get you to a grant site
Also, Georgia code correction is for the one that states that the dower/heirs are only liable for the amount that they " benefited " from the unsecured debt.
Provision is also made for Bad Debt for Companies/Business in the IRS code when a situation is deemed "worthless". so they can write it off as expense
Probate is for legally establishing heirs when assets/property are involved.

So if you find some site that you believe backs up what you are saying, then why not post the link? Instead of sending on on a wild goose chase?

I echo what Judy asked, what is IRS Bankruptcy? Bankruptcy is a federal law that protects debtors when they can't pay their debts. The IRS is a separate entity.

I looked again at GA 53-7-42 and it has NOTHING to do with what you are saying.

Yes I know what a Bad Debt write-off is. A creditor presented with a death certificate may choose to write-off the debt as noncollectable. OR they may choose to pursue the spouse and/or estate if they believe the debt is still collectible.

Agreed Debts can be transferred but if the estate does not have assets that are not protected under dower rights then a widow can submit a Death Certificate and the credit card company can write the balance off as a Bad Debt Expense

Again, you are citing things that are not applicable to the OP's situation. If it is deemed that the credit card was a marital debt then she is personally responsible for that debt. Unless it can be shown that the card was used solely for personal expenses of the husband, she would be responsible.

If she submits a Death Certificate, the creditor can accept it and write-off the debt or they can choose to pursue the debt. That is THEIR option and both would be legal.

Your responses to this thread have not been helpful or accurate. Its OK, to say you goofed and move on. Don't compound the situation by trying to defend your answer where there is n o defense. Especially when you use arguments that don't apply.

[Cedarln2265]

What I should have said was If you ONLY Google Federal Code 3466 then you will get a grants site.
I assumed she knew Federal Bankruptcy law as regards a deceased person and unsecured debt
When the OP has no assets/property
53-10-4 gained little or no benefit from the unsecured loan
When a widow has no assets/property which I was explaining to OP is that steps needed to be done but not in the same post that she was actually responsible for the debt of her deceased husband and had to pay it or else
That is my opinion and since not only I but many other cases of widows who obtained credit card forgiveness and you can Google for multiple websites citing cases and I'm done trying to deal with this issue. You are entitled to your opinion.

[ScottGem]

What I should have said was If you ONLY google Federal Code 3466 then you will get a grants site.
I assumed she knew Federal Bankruptcy law as regards a deceased person and unsecured debt
When the OP has no assets/property
53-10-4 gained little or no benefit from the unsecured loan
When a widow has no assets/property which I was explaining to OP is that steps needed to be done but not in the same post that she was actually responsible for the debt of her deceased husband and had to pay it or else
That is my opinion and since not only I but many other cases of widows who obtained credit card forgiveness and you can google for multiple websites citing cases and I'm done trying to deal with this issue. You are entitled to your opinion.

Again, you fail to present backup for your claims. If you are referring to GA 53-10-4, then you have AGAIN a statute that has NOTHING to do with the situation.

If the debt is considered marital debt, then the widow will have personal responsibility for that debt, if the creditor chooses to pursue it. Doesn't matter whether the widow has any assets or not. Again it is the creditor's choice as to whether to pursue or forgive. And yes I acknowledge that the creditor will forgive in many instances. But that's the creditor's choice.

I hope you are "done trying to deal with this issue", since all you have done is muddy the waters and provide inaccurate advice for the OP. Nor is this opinion, but established fact.

[JudyKayTee]

This is not an "opinion" board - as I have said in response to one of your PM's, this is an ADVICE board. You do no one any service when you post incorrect advice or change the question to suit your experience.

Please - let's close this thread now that OP has been driven off.

[this8384]

Please - let's close this thread now that OP has been driven off.

And another is not far behind:
https://www.askmehelpdesk.com/spywar...er-399229.html