Some clarification...From your question, sounds like the debt from
American Express is either from a credit card or revolving debt. Almost always,
this is unsecured debt. So, Am Ex has a claim on his estate. Other than that,
I'm pretty sure the debt dissolves on death. If Am Ex fails to make a claim
on his estate, the wife may be able to transfer the assets to herself. Of
course, if she is enjoying the goods the husband purchased, she may have a moral
obligation to pay, even if he were the sole signer for the debt (I don't
doubt he still has his soul!)
If your parents are Utah residents, you should look to Utah Code 30-2-5 and
30-2-9. In short, it depends on what the debts were incurred for. If they were
for family expenses, she is definitely liable for them both while he's
alive and after he passes. If they were not incurred for family expenses, then
his estate would be liable for the debt. She may want to consult an attorney on
Every thing with his name on will go to pay the debt.
@ kimmydShe isn't responsible for his debt if she wasn't a
co-signer on the loans. That being said, if his name is on any cars, house or
other types of collateral, they could take that to repay his debt.
KimmydIf she was not one of the people liable with the card then No.But they have a right to come after joint assets of which he was an owner so
that makes it a yes.Technically the debt is not attached to her but his
estate so if she is part owner of everything they can take that or make her pay.
That is interesting! What about a spouse that passed away? If the wife
wasn't a co-signer or user is the wife responsible for the husband's
debt? My mom was told by American Express that she was responsible to pay off
his debt even though he was the soul user of the credit. This would be great
news for her if Dave Ramsey's information stretches to spouses. I would
appreciate any info!!!