Can a widow be held responsible for her husband's debts?
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November 27, 2006

Can a widow be held responsible for her husband's debts?

Q. Would the widow of a deceased man be responsible for his unpaid debts even though they have been separated for the past 3 years? These are newer credit card debts on cards issued after their separation which she had no part of. They had been filing separate tax returns for those 3 years. And, if the credit card companies attempt to go after her for these debts, what should she do? He left no estate.

A.  His estate is liable, but if he died penniless, the widow doesn't have to pay the bills. The key point is that she had nothing to do with the credit cards--She wasn't a co-applicant or an authorized user and she doesn't possess items bought with the cards. If she gets a letter or phone call, she should immediately ask the debt collector to validate the debt--provide proof that she owes the money. (A credit card application she signed is an example of proof.) If the debt shows up on her credit report, she should dispute it through the credit reporting agency. If the debt is not removed from her report or if she is sued, it may be necessary to hire a lawyer to straighten things out.

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