My husband had a credit card in his name only for some dental work. He passed away 2mo. after. I have been?

Question

paying on this bill for the past 3 yrs. and the int. rate is 27%. Income was cut in half so I'm just paying min. every mo. so the balance never goes down. Am I legally responsible for this bill?I live in N.Y. State and aren't sure what the laws concerning this are.I'm just trying to get out from under a little bit. There was no estate.

Answer 1

If the card / debt was in his name only - you are not responsible for any repayment. In fact - you may be able to recover any amounts you have paid since his death!

The means of collection they can pursue is to file to attach the estate of your late husband. If there was no estate - no assets - there is nothing they will gain.

My sympathy for your loss. And my empathy for your having to deal with this as well.

Stop paying immediately. Send the company a copy of the death certificiate, request a copy of the original signed repayment agreement to assure yourself that you are not a joint debtor.

Advise the credit company in writing that you do not want any future collection activity directed toward you (be sure to keep a copy of the letter for your records). They are legally required to stop contact with you at that point. The only other contact they can have with you is to advise you of what they will do. Final. Done. Over.

If it were me, in the letter I would request reimbursment of the money you have paid since his death and I would ask for contact concerning the reimbursment within 10 business days. I would mention that you have felt intimidated to pay if that were the case. I'd state this contact (to discuss reimbursment) is allowed - collection attempts are not allowed.

If you or your husband had an attorney, you might feel better to contact them for their assistance. Most place have Legal Aid available to answer questions as well.

Good luck. And again, I'm sorry for your loss.

Answer 2

I honestly don't know the laws of the State of NY, but a question remains, did you both own property together? If you did they may be abke to go after any mutual property. Legally since the credit card was in his name you dont have to pay. But Im not sure since you've tried to pay something that I dont know if youre responsible now. Call the credit card company and ask them to reduce the interest rate so you can pay them off quickly. If they refuse, STOP PAYING, but consult a lawyer, the first visit is usually free. Make sure the ATTY has worked with credit probs before. Good luck.

Answer 3

The credit card company will first try to collect from the estate, of which you say there isn't. Then, if the account was a joint account, any survivors will be left holding the bag. If the debt belonged solely to the deceased (YOUR CASE), then the credit card company will end up eating the debt if there aren't enough assets to cover it.
If there is no estate to collect from the credit cards can not pursue collections from the family. They may try to get the family to pay the debt, but can not legally force them to. Simply mail a copy of the death certificate to the credit card company (by certified mail) and they should take care of the rest.
Good luck and my sympathy in your loss.

Answer 4

Contact the credit card company. Most cards carry credit life. That being a coverage that pays the card company in case of the account holders death. If there is no coverage contact an estate attorney. If there is no coverage call your local magistrate court or clerk of court and they can tell you if you can be held liable for the account.

Answer 5

You are only responsible for this bill, if you are joint on the account. If you send them a copy of his death certificate and explain he has passed, the account should be closed, if they try to push for collection they will just try to take for the estate, if there is nothing for them to collect, the matter should be closed, or they will push for the next of kin to pay.

Answer 6

Did it no longer take place to this gentleman that automobile-apartment companies save records? Ex.: I stay in Tennessee. assume, for some reason, I could lease a automobile quickly. the automobile has Mississippi plates. (this could nicely be a countrywide corporation i'm dealing with.) I hence get pulled over (rushing, consistent with threat). The officer runs the plates and nicely-knownshows out the automobile is a apartment. A murderer who RENTED a automobile with a credit card, that are infamous for having NAMES on them (and are subsequently elementary to music), might in simple terms be ASKING to be caught. Sounds to me like it grew to become into stupidity fed via desperation.

Answer 7

Unless the fair debt laws have changed I believe you are only responsible for the debt if you are listed as a co-signer. If you are only listed as authorized user, then no, you are not responsible. If you are a co-signer, call the company and let them know your circumstances. Usually they will be willing to work something out for you. Like lower that outrageous apr!!!!!

Answer 8

I'm sorry for your loss, i just experienced the same thing and they keep sending judgment for suing my deceased husband as well i just send them back and let them know that he is no longer alive and able to pay so... they cant hold me responsible for the balance because my name is not the cardholders. good luck lady

Answer 9

Send them a copy of the death certificate and close the account and see what happens...

Answer 10

also check you credit report using your social security number, credit reports for married folks is your, mine and ours. If the account is not on your report, it is not your debt.