Thursday, March 25, 2010

If your spouse dies, then do you have to pay the credit card?

My understanding of credit cards regardless of whether you live in a community property state or not is that only the primary cardholder is responsible if it is a individual account. Even if that cardholder authorizes others to use the card, only the primary person is responsible. If the primary card holder passes away, then the authorized cardholders are not held responsible for the debt.

This is different from a joint account where both users were approved jointly as co-applicants. In that case, both are held responsible for the debt even if one of them passes away.

Check out this HSBC recent story in the Chicago Tribune:


For most of his adult life, Elmer Duncan was a loyal Carson Pirie Scott customer.

By his wife's estimation, he first opened an account with the Chicago department store in the mid-1950s. Ruby Duncan said it was her husband's preferred place to shop, and he always paid his bills on time.

When he died July 17, Elmer Duncan left a $2,361.04 balance on his Carson Pirie Scott credit card, which is administered by HSBCbank.

Since her name was never on the account, Ruby Duncan sent HSBC a copy of her husband's death certificate and assumed the debt would go away.

Instead, HSBC sent a new bill — with her name on it.

"It's never been my account. I never signed any papers that said it was my account," she said. "I thought it was very distasteful."

In November, HSBC sent the account to collections in Ruby Duncan's name. Fed up, Duncan quit trying to contact HSBC and began ignoring their calls.

"I'm still grieving for my husband," she said. "We were married 38 years. That's a long time. I didn't need all the aggravation that I got from them."

After realizing the problem would not go away, Duncan wrote What's Your Problem? in late January.

"I pay my bills, and my credit is good," she said. "They tried to mess up my credit, and that's what really made me angry. Your credit is part of your life. As old as I am, I still want my credit to be good."

Duncan said that if the debt was hers, she would pay it. But the credit card in question was strictly her husband's.

The Problem Partner, Kristin Samuelson, contacted HSBC spokeswoman Kate Durham, who reviewed Duncan's concerns.

Two days later, HSBC decided to erase the $2,361.04 debt and correct Duncan's credit record.

Durham said she could not discuss the specifics of Duncan's case, citing privacy concerns. But she said the company's goal is to ensure "all of our customers receive a positive card experience with each and every interaction."

"Since learning more about this particular situation, we have since resolved the matter in Ms. Duncan's favor," Durham said.

Duncan said HSBC sent her a letter telling her it had erased the charges and would inform the credit bureaus within 90 days.

"I'm happy that they decided to do that, but I felt they really kind of messed me over because they kept trying to send letters," she said. "They tried to mess up my credit. They knew they weren't supposed to do that."

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