Can anyone tell me if you have to pay the debts of a deceased mother if she is married, but nothing is joint?

Question

My mother has terminal throat cancer. She wants me to pay off all her credit card bills with the life insurance, but it's a very small policy. I want to know if the credit card companies can go after her husband for payment even though none of them are joint accounts. He is not even a signer on any of the accounts.

Answer 1

yes, the husband could be liable. The best thing to do is try and pay off her debt with the life insurance. Beause they could come to you for payment also, considering you are family. That is what happen to my girlfriend. Her mom died from cancer and the kids were getting collection calls on her behalf. A lot of laws have changed regarding this debt issue. Creditors will try and get there money anyway they can. Also the new huband can sue you for the debt, because you are family. I would seek a lawyer on this one.

Answer 2

It depends on the state you are in i guess. In Alabama, a husband is not liable for the debts of his spouse. She can contract in her own name and be sued in her name without involving the husband. The life insurance would go to the designated beneficary and not the estate. It couldn't be touched by creditors because it was never her money because the policy wouldn't come into fruition until after death.

Answer 3

Marriage is like a partnership with each jointly liable for any debts incurred during the marriage. It doesn't matter if he is or isn't listed on the card as a joint accountholder, he still be sued, have his wages garnished, etc., just as if he incurred the debt.

Breeze is right it depends on state. My answer only applies if you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin...

Answer 4

Buy more life insurance.