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My deceased husbands credit cards

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frolic4life

Junior Member
What is the name of your state? Ohio
I have some credit cards from my deceased husband. they are solely in his name and one of my friends told me that there may be a way using an attorney to wipe out these credit cards. the current debt on them is about 14000 dollars. i have been getting emails from lawyers telling me about how they can erase it but i wanted to know if the information that they are giving me is correct or not. thank you
 
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Ladynred

Senior Member
There is only ONE way to legally 'erase' debt and that is bankruptcy. Since these accounts were in your husband's name only, and he is deceased, he cannot file for bankruptcy.

The debts of the deceased are paid out of their estate thru probate. So, the question then is, what assets did your husband leave ? Was his estate solvent (more assets than debt) or does the debt outweigh the assets of the estate, making the estate insolvent ?

You are not personally liable for your departed husband's debts except for whatever estate he left behind. You probably should speak to a probate attorney on this.
 

frolic4life

Junior Member
thank you

My husband left me his house but the house was in both of our names so the house was not in the estate. Since then i have sold it and the estate was settled. Which was just 2 cars which equals about 10,000 in value.The credit card companies don't really even know he has passed away. The cards have several things that are billed to them every month so they are still in use. I have no debt myself and the house has been sold, estate settled and i have purchased a new codo. Will the credit card companies come after me or can I talk to a lawyer about trying to erase his debt. I know you said that he cannot file for bankrupcy since he is passed away. I still have not talked to my probate lawyer
about it, but i will. Any more advice would be a great help. thanks
 
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Ladynred

Senior Member
I think the best thing for you to do is to take those things that are automatically charging to his accounts and move them over to an account that is only yours. That will stop all activity on the accounts.

Once you have done that, notify each of the creditors that your husband has passed away and include a copy of his death certificate.

How long ago did he pass away ? Was the estate probated ? Creditors have a time limit on which to place a claim against an estate. If they missed that window to make a claim, then they're outta luck and you don't have to pay for ANY of it.

The value on the vehicles is probably blue-book. Get a BLACK book value on them, the value will be considerably less and not of much interest to a creditor.

You don't need to pay a lawyer to 'erase' your deceased husband's debt.
 

frolic4life

Junior Member
You have been such a great help! He passed away on may 19 2003 so it has been a while and i have not told the credit cards. i can stop of the activity on the cards. How long do the creditors have to get these claims on probate. the estate did go to probate but the credit card companies were never a part of it. they still did not know that he passed away. is that long enough time for him to have passed to be ok or will they still come after me. Thank you for all of your help
 

Ladynred

Senior Member
I would have to check the OH statutes, but I'd be willing to bet that the time for creditors to make a claim on your lage husband's estate has expired. Your probate lawyer would certainly know :)

They might TRY to come after you, but they haven't a legal leg to stand on. Chances are once you notify them of his passing, you won't hear from them again.
They cannot force you to pay his debts.

****** edit ********

The creditors are S. O. L. ! Creditors only have SIX Months to make a claim against the estate:

"§ 2117.06. Presentation and allowance of creditor's claims; pending actions against decedent.

(B) Except as provided in section 2117.061 [2117.06.1] of the Revised Code, all claims shall be presented within six months after the death of the decedent, whether or not the estate is released from administration or an executor or administrator is appointed during that six-month period. Every claim presented shall set forth the claimant's address.


(C) Except as provided in section 2117.061 [2117.06.1] of the Revised Code, a claim that is not presented within six months after the death of the decedent shall be forever barred as to all parties, including, but not limited to, devisees, legatees, and distributees. No payment shall be made on the claim and no action shall be maintained on the claim, except as otherwise provided in sections 2117.37 to 2117.42 of the Revised Code with reference to contingent claims. "

I like the 'forever barred' part. Please, double-check with your lawyer to be sure none of the other sections referred to apply. I've read them, I don't think they do, but I'm not a lawyer ;)
 
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