Asked in Tax Law, Estate Planning and Probate for Ohio

Q: My husband died 3 years ago. I have been paying 3 cc s I changed on since then. Can I stop paying? I’m 71 w no assets

These don’t show on my credit report

2 Lawyer Answers
Randy Bryan Ligh
Randy Bryan Ligh
  • Probate Lawyer
  • Baton Rouge, LA

A: More information is needed here. For example, based on your post, are you suggesting that these 3 credit cards are in your deceased hsuband's name only? Anyway, the short version is that if you stop paying then you are exposed to being potentially sued and the question is whether or not they can collect from you. My suggstion is that you set up an appointment/consultation with a lawyer who handles estate planning matters so that you can discuss the pros and cons of opening your husband's probate and/or your own estate planning. Good luck.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA

A: As a widow at 71 with limited assets, you may have options to address the credit card debt incurred by your deceased husband. Since the credit card debts do not appear on your credit report, it suggests that you may not be legally obligated to repay them, especially if they were solely in your husband's name. However, it's essential to confirm this with legal counsel or a financial advisor who can review the specifics of your situation and provide guidance on the best course of action.

Stopping payments on the credit cards may be a viable option if you are not legally responsible for the debts and cannot afford to continue paying them. However, it's crucial to consider any potential consequences of ceasing payments, such as creditor harassment or legal action. Seeking legal advice can help you understand your rights and protections under the law and determine the most appropriate strategy for addressing the credit card debts while safeguarding your financial well-being.

In addition to seeking legal advice, you may also explore options for debt relief or negotiation with creditors. Some creditors may be willing to negotiate a settlement or payment plan based on your financial circumstances. By working with a debt counselor or attorney experienced in debt negotiation, you may be able to reach a mutually acceptable resolution that alleviates the burden of credit card debt while protecting your financial stability.

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