[WSBAPT] widow and credit card debt

[John J. Sullivan]

Joshua: 

Most importantly - she never uses it post-mortem. Then it’s hers. 

I once had a similar situation. Card was his from before the marriage. We waited out the two years and sent them a letter notifying the bank it was time barred (there was a probate because of a will contest). 

It would have worked ... but for her post-mortem use. The bank reported her to the credit rating companies as she was trying to qualify for a mortgage. 

Banks do try to collect even after SOL has run or discharge in bankruptcy. At that point you just ignore them. 

John J. Sullivan

Sent from my iPhone

> On Dec 14, 2020, at 3:12 PM, Josh Grant <jgrant at accima.com> wrote:
> 
> 
> My client is a widow.  Her H had a credit card in his name and she received a demand letter but it is directed to his estate.  No estate will be filed.  No H’s separate property exists. Probably the items helped the community, but will they eventually forget this if she doesn’t respond?
> Joshua F. Grant
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