Is my father liable for my deceased mother’s credit card debt in Nevada
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Is my father liable for my deceased mother’s credit card debt in Nevada
My mother had her own set of credit cards when she passed away last week.
They were both retired but my father’s social security is small and he won’t be
able to sustain himself without her income. Is he still responsible for the credit
card debt as community property?
Asked on July 10, 2016 under Estate Planning, Nevada
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In most states, someone whose spouse dies is only responsible for the deceased’s credit card debt if the debt was in a joint account. However, in “community property” states, it’s different/ As a general rule, a husband and wife are responsible for the debts of the other, including debts that remain after death. Therefore, a surviving spouse is responsible for paying back the bills of a deceased spouse. That having been said, this community property rule can have certain exceptions even within community states. At this point, to be certain of his rights, your fatherr can put a call into a local attorney or call his state's department of consumer affairs for further information.
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