Hello elgar,
Thank you for your question. I must mention that Google Answers is not
a substitute for professional legal, accounting or tax advice and
direct you to the disclaimer at the bottom of this page. That being
said...
It would appear that laws regarding the liability of a surviving
spouse will differ depending on the state of residence.
Here are some examples of the information I have been able to find for
you. You may wish to read all of the entire articles cited:
http://www.povertylaw.org/legalresearch/hotline/faqs/penn/Pennsylvania%20Atty%20FAQ's/A44PA.html
AARP Legal Services Network
FREQUENTLY ASKED QUESTIONS - PENNSYLVANIA EDITION
QUESTION #44: Am I liable for the debts of my spouse even if I did not
benefit from the goods and services for which the debt was incurred?
A person is generally not liable for the debts of a spouse if he or
she did not benefit from the goods or services for which the debt was
incurred, unless the person has contractually obligated himself or
herself to be liable. (A spouse who has contractually obligated
himself or herself in a joint credit card account will be liable for
charges incurred by the other spouse even though he or she did not
benefit from the goods or services for which the charges were incurred
and did not specifically authorize the charges.) Separated spouses
should always notify credit card companies to cancel their joint
accounts...
http://www.povertylaw.org/legalresearch/hotline/faqs/illinois/ilclientfaq/C46IL.html
AARP Legal Services Network
FREQUENTLY ASKED QUESTIONS - ILLINOIS EDITION
QUESTION #46: Am I responsible for my spouse's debts even if I did not
benefit from the items?
Generally, under ordinary principles of contract law, you are not
responsible for debts you did not consent to or derive any benefit
from. As a spouse, you are liable on a joint credit account, because
that is considered consent even though you did not specifically
authorize the specific charges. Once you separate from your spouse,
you should always notify credit card companies to cancel joint
accounts.
You are liable for family expenses under the Illinois Family Expense
statute. These include anything for the basic maintenance of health
and safety, including food, shelter, clothing and medical treatment.
However, the item does not have to be a "necessity" to qualify as a
family expense. What matters is that is was incurred for the family.
It does not matter you and your spouse are living apart; the key seems
to be that you are still a "family," i.e., still married...
In discussing survivors of the 9-11 tragedy, this page mentions:
http://ftp.aicpa.org/public/download/members/div/news/Sept_11_Info_Kit.pdf
The American Institute of Certified Public Accountants
"Credit Card Debt
Carefully examine your options regarding credit card debt. Credit card
companies often send letters to surviving spouses offering to transfer
over the account. Note, however, that you are not liable for your
spouse's credit card debt unless it was charged on a joint card. As
such, lenders can go after jointly held assets. Therefore, in signing
these credit card transfers, you will assume responsibility for
outstanding debts on the existing account."
And this page discusses probate matters in Michigan:
http://courts.co.calhoun.mi.us/quest226.htm
Probate - What are the obligations of a surviving spouse for credit
card debt held solely in the name of the deceased spouse?
"Question
My mother-in-law recently passed away in Sturgis, Michigan and her
husband is wondering what his rights are concerning credit card debt
that she had in her name only. It would be greatly appreciated if you
could point me in the right direction to look.
Answer
The credit card debt would be a claim against your mother-in-law's
probate estate. It would not be a debt against your father. Once it
is determined what constitutes her probate estate, your father has a
right to claim certain allowances as a surviving spouse. The probate
estate would only include property which the decedent owned in her
name alone. Jointly held property would not be included. The
allowances are paid out of the estate ahead of any claims against the
estate. The allowances are a family allowance, homestead allowance
and exempt property and generally would total around $46,000. Once
this amount is paid, other claims can be paid from the estate. Those
claims must be satisfied before other distributions are made from the
estate.
You may find more detailed information about what constitutes the
probate estate, the rights of a surviving spouse and claims procedure
in the Probate Notes section of this web site under the topic of
"Probate of an Estate in Michigan". Specifically, this information is
located at: http://courts.co.calhoun.mi.us/notes000.htm "
And at H&H Law Offices:
http://home.att.net/~davehorne/faqlaw.html
The 50 most common legal questions:
"MARRIAGE- DEBTS
Is one spouse liable for the debts of the other spouse? Except for
necessities and health care, one spouse is not liable for the debts of
another unless they are joint makers of the debt or agreement.
Necessities include food, rent, essential clothing and medicine.
During a divorce proceeding the court can divide debts between the
parties, but this does not change the legal liability as to the
creditor. For example, a divorce court can enter a decree requiring
that one spouse pay a credit card bill. However, the credit card debt
is not affected. The credit card company can still pursue the parties
that are liable on the debt. If a spouse is required to pay a credit
card bill, but the divorce court has assigned the debt to the other
spouse, the spouse who paid the bill can request that the divorce
court enforce its order. The companion program to Legal 911, The
Multimedia Law Library, contains pre-nuptial and divorce settlement
documents."
So, it seems there is basic agreement that the debt is not the
responsibility of the surviving spouse if they were not a signer on
the account with some possible exceptions for "necessity" purchases
and subject to the interpretation of the laws of the state of
residence.
Search Strategy:
"surviving spouse" +"credit card debt" +obligation OR responsibility
I trust my research has provided a basis for understanding this
question and suggest that you might check the probate rules of your
state of residence or a qualified legal professional to be 100% sure.
If a link above should fail to work or anything require further
explanation, please do post a Request for Clarification and I will be
pleased to assist further.
Regards,
-=clouseau=- |
,
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