Warning: Laws governing situations differ state to state. Make sure to talk to an experienced attorney about your unique circumstances.
NOTE: This is not intended to be legal advice.
This area of law turns on specific facts and applicable state law(s).
It is almost impossible to give a single answer for what you may think is a simple question. First, the law of the state where you live or lived may control. Second, a prior marriage or debts taken out before the current marriage may affect the answer.
With these warning here are some basics (but you MUST talk to an experience attorney):
- The fact that the widow may have used the card during the marriage does not necessarily make her liable for the debt.
- The debt may be charged against the community property of the spouses, but the creditor has a deadline to sue or file a claim in the decedent’s probate case.
- If the debt was incurred by the deceased in an earlier marriage was in a community property state, such as Arizona, the ex-wife may be obligated to pay the debt.
Again, all of this is very fact specific, but here is some basic Arizona law:
These are only two of hundreds of cases that may help with this question.
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