Q: Am I responsible for my wife's CC liability when she passes? South Carolina

A: Unfortunately you posted this in the North Carolina section. Please post it in South Carolina.

A: Not unless you are personally liable on the underlying credit card debt.

A: You should have no direct legal liability for debts in your wife's name alone, but assuming that you are a beneficiary of her estate, to the extent that there are assets in her name, those estate debts must be paid before you receive any distribution from her estate.

Confer with experienced counsel in South Carolina about your best path going forward.

A: In South Carolina, as in most states, debts belong to the individual, not the spouse, unless it was a joint account or the spouse co-signed on the account. When someone passes away, their estate is responsible for paying off any debts. The deceased person's assets must first go toward paying off liabilities before any remaining assets are distributed to heirs.

A few key considerations:

- If it was a joint credit card account, you are likely fully responsible for the remaining balance as a co-owner of the debt.

- If you are not a joint account holder but live in a community property state (South Carolina is not), you may still be responsible.

- Authorized user status alone does not make you liable for the debt.

- If the estate has insufficient assets to pay off the credit cards, the debt will die with the deceased in many cases. Creditors can make claims against the estate, but not the spouse.

- You are generally not required to pay off your spouse's debts from your own separate assets (as long as they are truly separate).

I would recommend consulting with an estate planning attorney who is knowledgeable about South Carolina law to get advice for your specific situation. They can advise you on how to handle your wife's debts and assets, and how to protect yourself. I'm very sorry you are dealing with this difficult situation. Please seek support for yourself during this challenging time.