What is the name of your state (only U.S. law)? Florida
Sorry I'm asking this for a friend of mine but he is dealing with the recent death of his wife. Florida is not a community property state and he was only an "authorized user" on her credit cards. He thinks he is responsible for her outstanding card balances and I told him I didn't think so but I would ask this board. He thought Florida was a community property state and he would inherit her debts but I looked and Florida is not a community property state. Can someone set this straight please?
Thank you
I hate being a source of disappointment, but you would be much mistaken to tell him is financially immunized.
Because unless your friend could prove that the expenditures against those accounts were for the exclusive use and benefit of his wife's sole and separate property, he is absolutely responsible for there payment.
Moreover, the fact that Florida is not a community property state is immaterial. Also irrelevant is his being an "authorized user". Unless as mentioned above, that is, the charges were incurred for the use of her separate property, those accounts represent marital debts for which he and her estate are equally responsible.
You are definitely mistaken in assuming that inheritance has or would have anything to do with the issue. Assets are inheritable. Liabilities are not subject to being testamentized!
(Property, both real and personal, may be devised or bequeathed that is subject to outstanding debts created and owed by the deceased. And the beneficiary takes the asset subject to the debt. But it does not, per se render the beneficiary personally liable to the creditor. Not unless it is so directed in the deceased's will and made an express condition to the testamentary bequest or devise. But then the nominee has a choice to either to accept or reject the distribution.)
(Another exception lies in some small estate/summary administration statutes. Wherein heir(s) receiving assets of a deceased relative through that summary process incur(s) personal liable to creditors of the deceased. All of them.)
But wouldn't it be a windfall to a scheming-minded widow or widower if it were the other way? The spouse is terminally ill and the other runs off to the Bahamas with his/her credit cards and their "
niece/nephew"!
