Last Will & Testament
Handling obligations such as credit card debt
Dealing with the debts of a deceased loved one can be a challenging aspect of settling their affairs. Begin by gathering information about their outstanding debts, such as credit cards, loans, or mortgages. Communicate with creditors, and provide them with the necessary documentation.
The Estate is Responsible for the Debt:
Generally, when someone passes away with credit card debt, the debt becomes the responsibility of the deceased person's estate. The executor or administrator of the estate will be responsible for paying off the debt using the assets of the estate. However, in some states, certain parts of the estate may be exempt from creditors. For example, in Florida, the family home, family car, and home furnishings are exempt and may not be called upon by creditors to pay off debts.
Secured Debts Take Priority:
Secured debts, such as a mortgage or car loan, will typically take priority over unsecured debts, such as credit card debt. If the estate does not have enough assets to pay off all debts, the secured debts will be paid first, and the unsecured debts will be paid if there is enough money left over.
Joint Credit Card Accounts:
If the credit card debt is from a joint account, the surviving account holder will be responsible for the debt. This means that if a spouse or partner passes away and there is credit card debt on a joint account, the surviving spouse or partner will be responsible for paying off the debt.
Authorized User Accounts:
If the credit card debt is from an authorized user account, the authorized user is not responsible for the debt. An authorized user account is a type of credit card account where the primary account holder adds another person, known as the authorized user, to their account. The authorized user is given a credit card with their name on it, and they can make purchases on the account. However, the primary account holder is responsible for making payments on the account. In this scenario, the estate of the deceased person will be responsible for paying off the debt, not the authorized user.
Medical Debt:
Medical debt is considered an unsecured debt, which means that it is not tied to a specific asset or collateral. This is different from secured debt, such as a mortgage or a car loan, which is tied to a specific asset. If the estate has enough assets to pay off all debts, including medical debt, then the debts will be paid in the order of priority set by the state law. If there are not enough assets to pay off all the debts, then the debts will be paid off in a specific order, with secured debts taking priority over unsecured debts, including medical debt.
Community Property States:
In community property states, such as California, Arizona, and Texas, spouses may be responsible for each other's debts, even if they did not sign for the debt. This means that if a spouse passes away with credit card debt in a community property state, the surviving spouse may be responsible for the debt.