Credit Card Debt after Death

[Starrider196]

What is the name of your state (only U.S. law)? NC
If I pass away, is my husband legally obligated to pay off my credit card debt if he is not a user on the accounts?

 

[bigun]

Your estate will be liable for debts at your death if, your husband never cosigned any accounts.
No estate and nobody gets paid.

 

[mrs sankofa]

No estate and nobody gets paid.

So if one has debt then it's better not to have a Will as the Will will create an estate?

Just asking as a family member and his wife had no Wills and when his wife died he didn't have to pay off any of her debt. When her collectors called, he gave them the address of the cemetery. The only debt I know they had together was the house and he was the primary homeowner listed and she was co-owner.

I am trying to get information from this forum to create a Will for my husband and myself and I really appreciate this forum!

 

[Totalwreck123]

I reiterate what bigun said. He knows what he's talking about.

 

[bigun]

Wills don't create estates inthe way you're thinking. A will is a document that specifies how and to whom you want your property to pass.
If you die without a will, it does not mean you didn't leave an estate. Just means other will decide how property is divided.

 

[mrs sankofa]

bigun,

Thanks! I understand now.