deceased spouse, do you have to pay their debt off

Every once in awhile, we get a question at our law offices that we wish we didn’t have to answer. One such case is when a client comes to us after their spouse has passed away, asking if they have to pay off the debt that their significant other acquired while they were alive. These are tough conversation because the spouse, on top of dealing with the death of their husband or wife is stressing about having to pay substantial amounts of money.

A Bit of Good News…

Thankfully, we get to give a bit a good news in these situations most of the time. While the majority of states are community property states, in which case the surviving spouse may have to pay back the debt, Colorado is a marital property state. This means that someone in this position will more likely than not be able to avoid paying the debt of the deceased spouse.

In most cases, what is required is that the spouse contact the credit card company and inform them of their spouse’s death. The credit card company will then likely request that the surviving spouse send them a copy of the death certificate to verify. A letter that indicates that the living spouse does not have enough money to cover the debt should also be included.

Get the Help You Need

For the best success in a situation like this, reach out to the expert litigators at the Law Offices of Loomis & Greene. We can help you through the process of contacting the credit card companies and make sure that everything goes as smoothly as it possibly can.