what should I do??

from texas...my married boyfriend gave me a credit card about 7 months ago. he had the bill come to my house, in his name. i have made all the credit card payments each month./
/
my boyfriend recently died. he had always joked that if he died for me to not make any more payments. i always used my checking account to make these payments, which, of course, had my name and address on them./
/
i would hate for his wife to find out about us even though i don't think he would care. am i legally responsible for these payments? i feel i am morally responsible, even though he didn't see it that way. he had been in bad health for several years, with his heart, and knew he may pass away./
/
what should i do? i know i can never use the card again and i won't. just wonder what will happen to the balance owed on the card.

[JETX]

Simply, you have two choices:

1) Bill comes to your house. Pay bill in full. Close account.

OR

2) Bill comes to your house. You ignore it. Debt collector finds 'real' address of card applicant and contacts that address. Wife (now widow) finds out and then possibly has estate sue you for recovery of 'estates' property (purchased with deceased credit).

Your choice.

No, you are not "legally" responsible. But you're right, you are "morally" responsible. In regards to what happens to the debt, it really depends. One can have death insurance on the card where the card is paid off upon death. But of course, death certificate would have to be submitted.

Since the card is in his name, you won't be able to cancel it. Best thing to do (if you can) in order to keep the wife from finding out is to pay the balance off in full. Then the card will end up in an "inactive" status after a period of time since it's not being used. If you can't pay it off in full, since the statement is coming to your house, make sure you make payments on the card until you get it paid off.

The credit card company has only his old home address, which is not where his widow lives. He and his wife lived apart. She lives in a different city. She knew nothing about this credit card, which is in his name. He had several financial items that she knew nothing about.

He didn't have credit life on the card. We talked about this from time to time. I was always afraid she would find out about us but he wasn't. If the credit card company doesn't find her, what happens to this dept? What if I make only small monthly payments until this is paid off? What do I say to the company when they call here for him, wanting larger payments? They have my address and phone number, thinking this is where he lives. Thanks for the replies.

I haven't used this card since my friend passed away. I will never use it again. I always signed the receipts in my name...not his, even though he told me to sign his name if I wanted to.

Well, you are getting some fairly good responses.

One thing that hasn't been thought of yet is that you were the recipient of an ongoing gift by a deceased person. You didn't apply for the card unless you were on the card as an authorized user. If you were put on the card as an authorized user then I think you might be liable for the remaining charges after the death of the original cardholder.

You might also want to seek the advice of an attorney if the balance is extremely high. If the balance isn't much then it might cost more to fight about it than to pay it off if you can.

The following bit of monkey jabber you can ignore since it comes from some Texas redneck Monkey that hasn't even got the intelligence to realize that the only thing worth a dam that ever came out of Texas was I-10 East hightailing it back to the swamps. <center>http://magnews.hypermart.net/bloodlin.gif</center><br><br>

<font size="2">[color=brown]2) Th' Bill comes t'yer house. Yuz' ignorz'er. Debt colleckker' fines 'real' address of card applycant an' corntacks thet cabin.
Wife (now tha widder) fines out an' <font size="3"> postibly </font>has estate su yez' fo' recovery of 'estates' propuhty ( bot wif de ded man's credut ). [/color]</font>

<br><font size="6">[color=black]ROFLMAO !!! [/color]</font><br><br>A debt collector getting smart enough to possibly find your boyfriend's real address???? [color=black]If bill collectors had that much brains they'd go get a decent job.[/color]

A COUPLE OF LAST QUESTIONS...but first, thanks for the replies and comments. I don't think the credit card company can find his wife's address or phone number, but...what if I cut the card up and mail it back to the company? Should I do this to show I am NOT going to try to use a dead man's credit card? I have NOT used it since his death.

If I make small payments and the credit card co. calls me to inquire why, what do I tell them? Can I simply make smaller payments until this debt it paid in full? I was not listed as an authorized user. He simply gave me the card to help me out. He was a kind and generous person. /
/
I owe $8,000 on the card. Is that extremely high? I never dreamed I would find myself with this type of problem. I need to make a decision soon. Thanks for the advice.

Well, don't run off just because we got a couple of stuffed shirt morons that can't behave around here. Seems like you may need some help and you sure can't get it from some Texas baboon looking for victims to punce on. The more he finds out about people the better for him. Forums like this are fertile hunting grounds for him and his ilk. Like the ****roaches they are, if you see one you got a hundred more hiding behind the walls you have never seen yet and likely won't. We call them lurkers around here. Roaches from collection agencies, the credit bureaus, skip tracers, bounty hunters, collections lawyers, every kind of slithering creepy crawly slimy bottom feeding thing you can think of. Anybody has any helpful ideas that might do you any good they will do all in their power to make them look bad for the simple reason that it makes life harder for them.
Look at that Texas monkey for example. He's snooping around these kinds of forums seeing if he can find any victims to pounce on and force one of his judgments down their throats. I tell somebody that most judgments are defective and void upon their face and he pops gaskets all over the place.

Why? If people find out how to do that and how easy it is to do, it's gonna kill him big time. He might even have to go do some honest work for a change. He'd die if he ever had to do an honest days work.

It's no wonder these clowns don't want nobody advertising in here. What they want is for poor unsuspecting debtors to come into their phony spiders nest and think they got a lot of help for free from all these good hearted lawyers, car repo people, and what have you. There ain't no free lunch. They have their reasons for being here and it sure isn't to give out free legal advice to help poor people like you. It's for their benefit, not yours. Tell them all your problems and pretty soon one of them will be knocking on your door and calling you on the phone making life miserable for you. That's why all hell breaks loose if somebody actually knows how to run them around Robin Hood's barn at top speed.

Let's see now.

but...what if I cut the card up and mail it back to the company?

No, if you do that they will just think you are mad at them and trying to show your anger or something. The best way to show them you aren't going to use the card is just don't do it.

I have NOT used it since his death.

That would help you if and when push comes to shove.

If I make small payments and the credit card co. calls me to inquire why, what do I tell them?

That you are nuts? And no, I'm not being a smart alec. What I'm trying to point out is that if you make them any payment at all you then owe the entire debt for sure. You will have confirmed your intention to pay.

What you need to do is to go see a lawyer in your own home town, not these internet claim to be's. At least that way you get face to face answers from a real human being who knows what the laws are wherever you may be.

If you haven't made any payments or used the card you should ask a real life attorney if they can make you pay for what you thought was a gift by an appreciative gentleman friend of yours who let you use his credit card out of the goodness of his heart and has now passed away. See what a decent lawyer has to say. Take the standpoint that use of the credit card was an ongoing gift situation. You might accidently be able to get away with that.

Can I simply make smaller payments until this debt it paid in full?

I would advise that you do nothing at all until you can sit down face to face with an attorney you can actually talk to and see what he advises you to do. The will usually give you 15 or so minutes for a free consultation and so you won't have to pay an arm and a leg to find out where you stand.

I was not listed as an authorized user.

That may or may not help you out. The CC company might be able to say you didn't have any business using the card and try to hang you on some trumped up criminal charge. That's another reason you need to see a real lawyer.

I owe $8,000 on the card. Is that extremely high?

You owe? If you are going to have any hope of getting around this little tea party you better stop thinking in terms of what you owe for the gifts of a gentleman friend.

I never dreamed I would find myself with this type of problem.

That's not surprising.

I need to make a decision soon.

I'd sure think so. I'd head for a real live attorney's office in the morning

Thanks for the advice.

No problem. After you get done talking to the real live lawyer let us know what he said. It will be interesting, I'm sure.

[JETX]

There is hope for this forum yet. Now that BB-Brain has ROFLMAO, by losing his ass, he has obviously lost what few brain cells he had!!

So, with his loss, we can return to the real issue at hand...

Q1) "I don't think the credit card company can find his wife's address or phone number,"
A1) Contrary to what BB-Brain thinks, it is VERY easy for a credit card company to find the 'ex'. For example, all they have to do is get a copy of his credit report. It will very probably show the 'ex' or at least some common former debts (like mortgage, cars, etc.).

Q2) "but...what if I cut the card up and mail it back to the company? Should I do this to show I am NOT going to try to use a dead man's credit card?"
A2) There is no requirement to do this. It would be symbolic at best, but not really of value to the credit card issuer. Best to just cut it up and not use it (same thing).

Q3) "If I make small payments and the credit card co. calls me to inquire why, what do I tell them?"
A3) Depending on the facts of the credit authorization, you very probably won't get a chance to tell them anything. First, they aren't supposed to reveal any details of the debt to a 3rd party (even you as a non-applicant). And, if you tell them that he is deceased, they will very probably investigate (to confirm death) and then find the 'ex' anyway.

Q4) "Can I simply make smaller payments until this debt it paid in full?"
A4) What do you mean by 'smaller' payments?? If you mean less than the minimum, they will very probably call him/you to find out why. Also, this could generate additional fees and penalties. Finally, if you are planning on making only minimums, that will be VERY expensive over the long-haul.

Q5) "I was not listed as an authorized user. He simply gave me the card to help me out."
A5) Confusing, you say that you were not an authorized user, yet you signed in your name.

Q6) "I owe $8,000 on the card. Is that extremely high?"
A6) We can't answer without knowing what YOUR financial situation is. For example, $8000 is probably high to someone who lives in a trailer, but not to a Wall Street attorney. One other thing to consider.... Take the balance and multiply times the APR. That will be how much interest alone that you will have to pay each year just to stay even!! For example: if the APR is 18%, the annual interest alone is $1440.00, about $120 per month!!

Final suggestion, call your local state bar association and ask for a referral. They should be able to refer you to a low-cost (or free) initial consultation. You need to find out all the possible scenarios to your situation.

<font size="2">[color=brown]Q1) "I don't think the credit card company can find his wife's address or phone number,"
<li>A1) Contrary to what BB-Brain thinks, it is VERY easy for a credit card company to find the 'ex'.[/color]</font>

How about that Sports Fans. We got him so hot under the collar he can't even figure out who said what anymore. Pretty soon he will go blind from rage.

<font size="2">[color=brown]For example, all they have to do is get a copy of his credit report. It will very probably show the 'ex' or at least some common former debts (like mortgage, cars, etc.)[/color]</font>

And then they find out he died. He's dead and you are brain dead.

<font size="2">[color=brown]Best to just cut it up and not use it (same thing).[/color]</font>

Better yet, use a hole punch and punch holes in the magnetic stripe and get somebody else to write "please cancel card holder deceased" and give the date he died but don't sign it. Use the widow's name and return address on the envelope and send it to them. They are going to find her anyway. Just don't have your handwriting on any of it. If she don't know about you then she can't point the finger at you.

<font size="2">[color=brown]Final suggestion, call your local state bar association and ask for a referral. They should be able to refer you to a low-cost (or free) initial consultation. You need to find out all the possible scenarios to your situation.[/color]</font>

See there? There is the proof right there. Monkey see, Monkey do. He's gotta copy what I told you to do and try to gloss it over so it looks like he gave you some new advice. Most 3rd graders can do all his calculations in their heads that he had to do using his fingers and his toes and throwing in his tail for good measure.

I told you what his so called advice was worth and now you got the proof of it. Monkey see Monkey doo.