If a deceased person has credit card debt only in their name is the spouse responsible for that debt?

Answer

If the couple resided in a community property state the surviving spouse MIGHT be liable for the debt(s). In general married couples in community property states are equal partners in assets and debts. Otherwise, only the account holder is responsible for credit card debt. If the laws of the resident state require probate procedure all nonexempt assets and debts of the deceased are probated. The court then rules on how assets (if any) are distributed and how debts will be paid. If probate procedure is not proscribed under state law, t the debts become null and void.

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