Husband died, how to protect widow's credit as he had accts in his name and need to be sold/go back?

[Anonymous]

Hi, I can really use some assistance.  My best friends husband passed on Jan first--they live in California.  He had many credit cards, motorcycle, boat, truck, etc only in his name, as well as mutual accounts.  I was thinking we could write a letter to the three credit reporting agencies stating to take her husbands credit info off of her reports, then start dealing with his and their mutual accounts.  She has a loss of $90k yearly income--he was the major bread winner--and a small amount of life insurance about $50k.  Will we be able to send his death certificate to the accounts that were in just his name and will they write off the balance owed?  I told her I would help her, I am trying to relieve her of most of this if possible and retain her credit rating for the big decisions she is going to have to make with in the next 6 mos to a year.  She is also upside down on her home as well.  All assistance will be very much appreciated.  Thank you!

[Cleanmachine]

Sorry to hear about your friends husband.

With all due respect, this is something that she should have a licensed attorney in her State to help her with these matters.

Laws very from State to State regarding estates.

The best advice would be for her to contact an attorney.

[Cleanmachine]

Sorry for the short response to your question.

It should be noted that California is one of nine States that are considered Community Property States and Assets and Debits are handled differently.

I would suggest that she not take any action until she has time to discuss with her attorney all of her legal rights

dealing with assets and debt obtained during the marriage.

You can find some additional information at:  http://www.bankrate.com/brm/news/pf/20060322a1.asp

Message Edited by Cleanmachine on 01-07-2009 08:16 AM

[dizzier]

Your friend needs to consult an attorney. I know you want to help, but you could do more harm than good by doing so. California law is tricky. If the debts were incurred while they were married she maybe responsible unless she can somehow prove that she never benefited from the use of this credit. Such a claim requires professional legal counsel and is often difficult ( and more often impossible) to prove.

Best of luck to your friend.