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Home > Law > Other Law   »   debt of deceased mother

 
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Old Dec 3, 2007, 10:29 AM
TheRose
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debt of deceased mother

My mother passed away with a large credit card debt and very little assets. Would I be held responsible and would can the creditor take me to court?

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Old Dec 3, 2007, 10:49 AM   #2  
Emland
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You are not responsible for the card unless you were on it as a JOINT account holder.

You will get calls and they will make you think you are responsible, but you aren't.

If you haven't been contacted by them, yet, call their customer service number and notify them of her death. They may ask for verification.

Sorry for your loss.
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Old Dec 3, 2007, 11:35 AM   #3  
ScottGem
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Emland is correct up to a point. Only the estate is responsible for the debts of a deceased. However, if you take anything out of the estatebefore all the debts are satisfied, you could be held liable for returning that value to the estate so bills can be paid. I think the only thing that can be paid out ahead of debts is funeral expenses.

But if the executor has used what little assets there are to pay any outstanding debts, then you are in the clear.

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shygrneyzs agrees: Scott is right - in my Father's situation, my brother and I were co-executors for his estate and bills came to the estate.
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