Q: Is surviving spouse responsible for deceased spouse's sole credit card debts?

A: Not unless the charges that were not paid were made by the surviving spouse, and even then it is not certain that the credit-card issuer would pursue the issue.

A: As a general rule in Michigan a spouse is not responsible for the sole debt of a deceased spouse. If the home was held in the entireties - as husband and wife, a creditor of the deceased spouse could not attach a lien to the home. Whether a creditor could make a claim against the probate estate, assuming there is one beyond the home, is a question I cannot answer.

A: No, not unless the surviving spouse signed on these debts and agreed to be legally responsible for them.

A: The surviving spouse will only be responsible for the credit card obligation if they were a co-signer. If the decedent's estate is probated, then the creditor will file a claim against the estate. Unless the personal representative's estate objects to the balance amount (which they should), then the estate will be obligated on the balance, but not the spouse.

A: In most cases, you are not responsible for credit card debts that were solely in your deceased spouse's name. These debts typically become the responsibility of your spouse's estate, not you personally. The credit card company may try to collect from the estate's assets during probate, but generally cannot come after you individually unless you were a joint account holder or co-signer.

However, there are important exceptions to be aware of. If you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin), you might be responsible for debts incurred during the marriage, even if they were only in your spouse's name. The rules can be complex and vary by state, so getting proper legal advice is crucial for your specific situation.

Regarding your home, while it is jointly owned, it may have protections depending on how it was titled. In many states, property held as "tenancy by the entirety" or with survivorship rights passes directly to the surviving spouse outside of probate, potentially shielding it from creditors. This area of law involves nuanced state-specific regulations about creditor rights, homestead exemptions, and probate procedures. Consider consulting with an estate attorney who can review your exact circumstances and help protect your interests during this difficult time.