Is the surviving spouse responsible for credit card debt in Texas?

Is the surviving spouse responsible for credit card debt in Texas?

Despite being a community property state, Texans are not liable for deceased spouses’ debts.

Who is responsible for paying debt after death in Texas?

One of the only possible exceptions to this could be if you co-signed on an account with the deceased individual. Under federal law, relatives such as siblings, children or parents are almost never responsible for paying a loved one’s debts after his death. This is true even in community property states such as Texas. An exception exists, however.

What happens to credit card debt in Texas?

Debt collectors who win a lawsuit against debtors in Texas receive a judgment against the debtor. Judgments allow the debt collector to place a lien on real property or seize personal property.

Who is responsible for a deceased spouse’s credit card debt?

You’re the deceased person’s spouse and state law requires that you pay for the debt, like certain healthcare expenses paid for with a credit card. You were legally responsible for administering the estate and didn’t comply with certain state probate laws.

What are the credit card laws in Texas?

Unsecured Debt Laws in Texas. Texas credit card debt laws are governed both by state civil codes and by the federal laws concerning debt collection. The Fair Debt Collection and Practices Act, or FDCPA, was enacted to protect consumers, not businesses, from harassment and fraudulent debt collector claims.

One of the only possible exceptions to this could be if you co-signed on an account with the deceased individual. Under federal law, relatives such as siblings, children or parents are almost never responsible for paying a loved one’s debts after his death. This is true even in community property states such as Texas. An exception exists, however.

You’re the deceased person’s spouse and state law requires that you pay for the debt, like certain healthcare expenses paid for with a credit card. You were legally responsible for administering the estate and didn’t comply with certain state probate laws.

Can a Texas Court look at credit card debt?

Texas courts may go a step beyond this general rule, looking at why a debt was incurred. For example, your spouse may have signed for a credit card on which every charge was for his personal pleasure, not the marital union. This rule typically comes into play in a divorce situation, but it can impact issues of a decedent’s separate debts as well.

How are Debts Paid in the state of Texas?

When someone dies, the procedure for paying any debts they left behind is normally clear cut. The estate in question typically takes care of it as part of probate. This simple equation becomes more complex, however, if the deceased lived in a community property state. Texas is an example of a state where such laws apply.