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Florida Widow

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Nihility

Junior Member
What is the name of your state? Florida

My husband passed recently passed away at the age of 53. He was disabled and collecting Social Security disability benefits. In our 33 years of marriage, my husband paid the bills. I am lost. In going through all the mail (bills) I noticed credit cards in just his name, others in my name, or both our names. Am I responsible for the debt on the card that is in his name (over $14,000)? My husband did not have a will. Someone told me that I'm not responsible for this credit card bill. If I do not pay, will they come after our home (not completedly paid for), cars, life insurance through my employer, an IRA, bank accounts, saving accounts, or his 401K?

Thank you,
Grieving and Worried in Florida
 
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nextwife

Senior Member
Nihility said:
What is the name of your state? Florida

My husband passed recently passed away at the age of 53. He was disabled and collecting Social Security disability benefits. In our 33 years of marriage, my husband paid the bills. I am lost. In going through all the mail (bills) I noticed credit cards in just his name, others in my name, or both our names. Am I responsible for the debt on the card that is in his name (over $14,000)? My husband did not have a will. Someone told me that I'm not responsible for this credit card bill. If I do not pay, will they come after our home (not completedly paid for), cars, life insurance through my employer, an IRA, bank accounts, saving accounts, or his 401K?

Thank you,
Grieving and Worried in Florida
Click to expand...
His estate is responsible for his debts, you are responsible for any marital debt.
 
N

Nihility

Junior Member
nextwife-

Thank you for your help (this is actually my account, and i let my mother post on it since she had the question)

I didn't quite "get" your answer.

I think my mother wanted to know if:

1. she has to pay the credit card if it's in JUST my father's name.

2. can a credit card co. take property/money from us through probate?

All of his things are hers since everything is joint EXCEPT this credit card bill that we didn't know about.

Sincerely,
Nihility
 
D

Dandy Don

Senior Member
If most of the assets are being kept out of probate because they were titled to his spouse, there is virtually no way that the credit card company would be able to file a claim with the estate to get paid. The only way they could file a claim is if there is some asset that would require the widow to open up an estate, thus putting the creditors on notice (by publication about the estate in your city's legal ad section) that the estate exists.

The more pertinent question is does she intend to go ahead and pay off the debt, which is the moral, ethical thing to do.
 
N

Nihility

Junior Member
I called the credit card company and they said I'm "not a co-applicant" but I am an "authorized user" of this card. Please tell me if I am legally responsible for this credit card debt (in Florida).

Senior Member, I appreciate your frankness with me. Ethically, I believe that I should not be responsible for my husband's debt because I did not have knowledge of the existance of the card in question. I'm paying all other debts.

Please reply.
Florida Widow
 
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