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When a person dies, does family pay credit cards?

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LindaP777

Senior Member
What is the name of your state? TEXAS & KENTUCKY

TEXAS; My daughters father-in-law (who is a nasty, selfish man) has cancer and won't be long on this earth. He has been getting charge cards (his name only, not in his wife's name) and maxing them out, for whatever he wants. He does not have a job and his retirement income is only enough to pay the minimum due on the cards. He laughs at his family and tells them, "What do I care? I won't have to pay for it after I'm dead, you will!" He says he doesn't care if he runs up a lot of debt, and leaves them with it. Is that true? (My daughter is concerned that she and her husband might get stuck with the debt, or that the wife/widow would get stuck with it (and she has no money).

Does it vary from state to state?

KENTUCKY; I have a friend who suddenly became a widow, whose husband was terrible with finances. He had no job and was a full time student, while she supported the family. Unbeknownst to her, he would open up a charge card and max it out. When he died w/o warning, she told the credit card companies it was his debt not hers. According to her, they said they "would like her to continue to pay" and she said "no", and that was the end of that.

Does it make a difference? - my daughters father in law in Texas has a house (asset), but my widow friend in Kentucky had no house (no assets). Perhaps the credit card companies realized you can't get blood from a turnip?

Logically, I would think that if the credit card debt dies with the person, everyone with a terminal illness would go and max out every credit card they can get their hands on. If the debt does stay with the heirs, my daughter's father in law would be a rare exception, knowingly racking up debt for his loved ones to deal with after he dies.

I want to advise my daughter, so I need the facts! Someone please explain how this works. Thank you!
 
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JETX

Senior Member
He says he doesn't care if he runs up a lot of debt, and leaves them with it. Is that true?
Texas is a community property (and debt) state so both the card owner and his/her spouse are equally liable. That liability does not extend further into the family.

Does it vary from state to state?
Yes.

According to her, they said they "would like her to continue to pay" and she said "no", and that was the end of that.
That is correct.... since Kentucky is NOT a community property state.
 

LindaP777

Senior Member
EXCELLENT, JTEX! Thank you!

(So, what is to keep terminally ill people in Kentucky from racking up credit card debt?)
 

wayne-o

Member
little thing called morals, and even though they cant make other family members pay. They can get money from estate if there is one.
 

Betty

Senior Member
Right - in Ky. credit card debts in deceased person's name only -family members are not responsible for. The creditors would make a claim against the estate for payment. If there are not enough assets to pay all claims, some of the creditors would just not get paid.
 

LindaP777

Senior Member
Thanks everyone!
(Luckily, my son-in-law took after his mom in morals and kindness and not his dad! He is appalled by his father actions as well, but at the same time, not surprised.)
 

BoredAtty

Member
Texas is a community property (and debt) state so both the card owner and his/her spouse are equally liable. That liability does not extend further into the family.
In Texas it depends on the type of debt. The wife is not automatically liable for the credit card debt that is solely in her husband's name.

TEXAS FAMILY CODE

§ 3.201. SPOUSAL LIABILITY.
(a) A person is personally
liable for the acts of the person's spouse only if:
(1) the spouse acts as an agent for the person; or
(2) the spouse incurs a debt for necessaries as
provided by Subchapter F, Chapter 2.

(b) Except as provided by this subchapter, community
property is not subject to a liability that arises from an act of a
spouse.

(c) A spouse does not act as an agent for the other spouse
solely because of the marriage relationship.
 

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