Connecticut Laws on Credit Card Debt Upon Death
- In Connecticut, credit card debt upon death is the responsibility of the estate.credit-card image by Igors Leonovs from Fotolia.com
In Connecticut, credit card debt upon death becomes the responsibility of the estate. Upon death, an estate executor will assess all debts and assets and determine the order of payment, or determine the estate insolvent, in which case, creditors will be at loss. Debt cannot be inherited in Connecticut, and the executor will handle all debt as guided by law. - Estate responsibility is determined by the type of credit card account. If it was a sole account, or a joint account where the second person was only an authorized user, the debt belongs to the estate. In the case of a co-signer who has account authority, the debt may also be their responsibility. Connecticut follows the Credit Card Act, which states: "The executor of an estate is to be informed of the (debt) amount quickly, and requires credit card issuers to stop tacking on fees and penalties during the time the estate being settled." The creditor must contact the estate while it is being settled to state the amount and legitimacy of the debt.
- Connecticut is not a community property law state, and this fact determines much of its legal standing on collection issues. In community property law, debt may be assumed by a spouse or legal partner, as in a common-law situation. Once again, the debt is relegated to the estate, and the solvency of the estate will determine if the creditor takes the debt as a loss. In determining solvency, there are assets which may be untouchable by the creditor, including: IRAs, 401(k)s, insurance and certain real estate. These assets are directly inherited by the beneficiary and fall outside the estate.
- In the case of credit card debt upon death, collection agencies and credit card companies may become desperate and use tactics considered illegal or questionable in Connecticut. Creditcard.com suggests consulting an attorney in this situation, to help with any harassment issues and to absolve your responsibility for the debt. The Connecticut Department of Banking has the state statutes concerning collection issues.
Estate Responsibility
Community Property Law/Unaccesible Assets
Collection Practices
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