Creditors of deceased spouse

[fgs]

What is the name of your state?What is the name of your state? AL
I recently received a notice from a collection agency that has been hired as the successor to the bank that issued my late spouse's credit card. I assume that they purchased the debt from the bank. The letter is addressed to the estate of my late spouse. This debt was obtained/signed for years ago by my late spouse only, not me. The letter indicates that if a response disputing the validity of the debt is not sent within 30 days, they will obtain a judgment. This credit card debt was obtained by my late spouse. We did not probate because there was nothing to probate. I do have bank account that is under my SS# in both names joint with survivorship, but I was told that that is not part of an "estate." My question is: what is my obligation in regards to this debt? Can they seize my account? I had paid on the debt for three months after spouse's death, and stopped because I didn't have a job and I was told by an attorney that making payments would obligate me legally to pay it off. What should my next step be? Should I retain an attorney to handle this? Thanks in advance for any input.

[Debt Guy]

You need to close that bank account right away and open a new account in your name only.

Write a letter to the creditor. Say there was no probate since there was no estate.

If they want to sue the estate, let them.

[fgs]

State: Alabama

Thank you, Debt Guy, for your response.

I have another question, please.
I spoke to two attorneys about this matter. One told me joint/survivor accounts are not part of the estate, and are not up for grabs by creditors of deceased. Another attorney told me that the creditor can get a judgment and have the account frozen, until they get what they want. Being allowed to sue the estate of the deceased is no different than sueing(sp?) the widow/widower when they are the only one remaining, and the account/asset is joint/survivor. The funds still come out of the widow/widower's pocket. AL is not a community property state, so how are the creditors of the deceased allowed to take assets of the widow/widower when that surviving spouse was not party to the debt?? Thanks for any reply.

[Debt Guy]

Are these lawyers giving you different answers or are they answering different questions.

Your question is over my head. I suggest you send a PM to Ladynred or JetX -- both are pretty good with this stuff.

[fgs]

Two attorneys gave different answers to the same question, so I'm not sure what's true. Thanks for your reply.

LadynRed, JETX -- can you help me??