Are the survivors of the named beneficiary responsible for the credit card debt of the original policy holder?

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Asked January 25, 2016

1 Answer


Whether or not the survivors of the named beneficiary are responsible for the credit card debt of the original policy holder depends on several factors, including state laws and the terms of the credit card agreement. Here are some things to consider:

  • Probate process: When a policy holder dies, their assets (including any life insurance benefits) generally go through the probate process. During probate, the estate's assets are used to pay off any outstanding debts, including credit card debt. If the estate has enough assets to cover the debt, then the survivors of the named beneficiary are generally not responsible for paying the debt.
  • Joint accounts: If the credit card account is a joint account, then the other account holder (e.g. a spouse) is generally responsible for paying off the debt. In this case, the life insurance benefits would be paid to the named beneficiary and would not be used to pay off the debt.
  • State laws: State laws can play a role in determining who is responsible for paying off a deceased person's debts. Some states have community property laws that require debts to be split equally between spouses, while others have separate property laws that allow spouses to keep their own assets and debts. It's important to understand the laws in the state where the deceased person lived.
  • Credit card agreement: The terms of the credit card agreement can also impact who is responsible for paying off the debt. Some agreements include a clause that forgives the debt in the event of the account holder's death, while others may allow the debt to be passed on to a surviving spouse or other family member.
  • Legal advice: If there are questions about who is responsible for paying off a deceased person's credit card debt, it may be helpful to seek the advice of an attorney or financial advisor. They can review the specific circumstances and provide guidance on how to proceed.
In summary, whether or not the survivors of the named beneficiary are responsible for the credit card debt of the original policy holder depends on several factors, including state laws and the terms of the credit card agreement. Survivors should consult with an attorney or financial advisor to determine their rights and responsibilities.

Answered January 28, 2016 by GWGLife

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