[WSBAPT] Widow's Credit Card Debt Extinguishable?

[Amy Goertz]

Good morning, 

I am working on a pro bono matter for a widow in her early seventies whose husband of 50+ years has left her in a terrible financial pickle when he passed away in August 2014. She discovered he had racked up all the credit cards, taken a reverse mortgage, and squeezed the equity out of anything and everything. She had been making payments on the credit cards out of her Social Security since his death. We started probate in September 2016 and sent Notices to all the credit cards indicating that the time for filing claims had passed. 

One credit card in particular, through Wells Fargo, was issued in the widow’s name, even though it is my understanding that the decedent had a card with his name on it on which most of the charges were made. Wells Fargo has indicated that they intend to pursue the debt against the widow since the credit was issued in her name.

Would you think it would be helpful to do a Homestead Award and have the court award her whatever equity is left in the community estate? Any advice and/or forms to get me started would be much appreciated, especially since I’m not being paid and I would hate to have to reinvent the wheel!

Thanks in advance -

Amy 

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:brucejlambrecht at icloud.com>

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

7418 East Helm Drive
Scottsdale, AZ 85260

Goertz & Lambrecht PLLC
Lambrecht Dispute Resolution LLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>
www.lambrechtdisputeresolution.com <http://www.lambrechtdisputeresolution.com/>

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