How do I file a bankruptcy on my deceased husband? - Bankruptcy Law Questions and Answers- LawQA.com

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How do I file a bankruptcy on my deceased husband?

If I file bankruptcy on a joint credit card account, will it affect my credit? I still have a seperate account in my maiden name.

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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You can not file bankruptcy for a deceased person. Send the creditors a copy of the death certificate. Unless you have significant assets that should be the end of it.

Answer Applies to: California
Replied: 4/13/2012

Answer By Larry Webb
Law Office of Larry Webb
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You cannot file a bankruptcy on the estate of your deceased husband. Your husband's estate (his share of the community estate) is responsible for his debts. You remain responsible for any joint debt. It is possible, I have seen Wells Fargo do this, for a creditor to open a probate to collect debt from the estate of your late husband. You should consult with an attorney who is familiar with Estate and Bankruptcy law.

Answer Applies to: California
Replied: 4/12/2012

Bankruptcy Law office of Bill Rubendall
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You can file bankruptcy on joint and separate accounts, as well as debts that your deceased husband left.

Answer Applies to: California
Replied: 4/11/2012

Answer By David Farrell
Law Office of David P. Farrell
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You cannot file bankruptcy on behalf of your deceased husband. In California, debts acquired during marriage are "community debts," and the "community assets" may be used to satisfy them. Married people are often misled in thinking that because the credit card is in their spouse's name they have no liability on the debt. This is false. While it is true that they may not be personally liable, the entire community is liable for the debt of either spouse. Thus, the non-debtor spouse is liable to the extent of her interest in the community property.

Answer Applies to: California
Replied: 4/11/2012

Answer By Abel Fernandez
Diefer Law Group, P.C.
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Bankruptcy has to be filed by a living individual. You cannot file a bankruptcy for your deceased husband. You can file for bankruptcy but it will clearly affect your credit. A bankruptcy filing will negatively impact your credit.

Answer Applies to: California
Replied: 4/11/2012

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