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Charmed_Twiligh · Dec 9, 2008, 07:11 PM

This might get long,but I want to fully explain so there's no confussion. My grandmother had some credit cards,some with a balance some not. I thought I called them all after she passed,however there was I one I found when I did a credit report for myself. My friend and I had wanted to open a business,well with the balance we were able to get a start. Well they,the card issuer,removed my name recently,within past past,week,after I notified them back in early October,they were going to put my grandfather as the primary. Well I got a letter today denying him as the primary due to his credit report I think. So I also got a call from the cards' probate dept. telling well "asking" me how I was going to pay off the balance. The balance is $11G. Out of $24G They want the balance paid in full or at least a settlement of $9G to avoid going to probate court. Me,my grams, and gramps were all on the card. The house is no longer in name in her name,just my gramps, hasn't been for a little while,just my gramps name. So if we go to probate court,can they put a lien on the house? Does that mean WHEN the house gets sold that's when they will get their money,or can they force us to sell to settle the debt? When my gramps passes away,the house goes to me,to raise their "minor child" until he's 21 then the house will become solely mine after he turns 21. This is the way their wills read,both wills are the same. What can be done,what will or can they do. Yes I am the one who used the card and put the balance on it(I had intentions of making monthly payments but they won't talk to me,ONLY the probate dept will talk to me,NO they will NOT let me make payments on it... So I don't know if I should contact my bankruptcy lawyer or what. Also there is NOTHING in her name anymore except the van we no longer use,which KBB says is about $3G,she had NO life insurance policies,no stocks,bonds, etc... my mom paid for the funeral out of her pocket $11G... There are other credit cards,2 of which I used to pre-pay for my gramps funeral in advance,plus the headstone. About $6-8G... ANY help would be GREATLY appreciated!! Thank you in advance

Ohhh one more thing,can they somehow get me for credit card fraud,even though I did notify them on phone and via reg mail with a copy of her death certificate??

ScottGem · Dec 9, 2008, 07:18 PM

I'm confused. Who signed for these cards? Whoever signed as a borrower or co-borrower is responsible for the debt.

However, depending on where you live, the house may be protected against unsecured debt by homestead laws.

If you used a card that was not in your name, that could be considered fraud.

Charmed_Twiligh · Dec 9, 2008, 07:22 PM

First we live in Indiana. Second when she was alive SHE signed for them,after I called to notify them of her death,they sent out new cards for my gramps and myself. I was on the account as authorized user as was my gramps. My grams was the primary of the account. The card I used has my name on it.

ScottGem · Dec 9, 2008, 07:28 PM

What a scam and you fell for it. By accepting and using those cards you assumed responsibility for those accounts.

You should have just returned the card and requested the accounts be closed.

cdad · Dec 9, 2008, 07:30 PM

As of right now I would talk to your bankruptcy lawyer and ask him how it works. Being an authorized user doesn't mean your responsible to pay the bill. Was there some paperwork stating you and your grandfather as co-borrower after her death ?

Is the initial balance 24k or 11k on the account ? ( the amount you actually owe )

Unless you signed something then its not really your debt. It would belong to the estate ( your grandmother ) to pay off. How long has it been since she passed and they started coming after you ?

Charmed_Twiligh · Dec 9, 2008, 07:34 PM

OK but if I have nothing in my name,except for the truck that I bought for the company,which is up and running(the company) and my car that is also in my moms name. They,the card issuers,said they would see what my grandmother has in HER name,which like I said before she has nothing other then the van. So is she still responsible,since they NEVER said anything about ME being responsible,and I didn't sign anything other then back of card. I also took out the Insurance,but that was for my gramps,who they wouldn't put as primary. I used the card to start this business,that's why I took the cards and I had intentions of making payments,not 1 lump sum like they are asking,we have NO way to make a lump sum,unless we sold the truck I bought and my grams van...

ScottGem · Dec 9, 2008, 07:38 PM

This still isn't making sense. If you used the card with the intention of making payments then why didn't you? And I still believe, that by accepting and using the card, you took responsibility for the account.

cdad · Dec 9, 2008, 07:40 PM

Originally Posted by Charmed_Twiligh

ok but if I have nothing in my name,except for the truck that i bought for the company,which is up and running(the company) and my car that is also in my moms name. They,the card issuers,said they would see what my grandmother has in HER name,which like i said before she has nothing other then the van. So is she still responsible,since they NEVER said anything about ME being responsible,and I didnt sign anything other then back of card. I also took out the Insurance,but that was for my gramps,who they wouldnt put as primary. I used the card to start this business,thats why I took the cards and I had intentions of making payments,not 1 lump sum like they are asking,we have NO way to make a lump sum,unless we sold the truck I bought and my grams van........

Trying to get this straight OK. Your saying you were contacted by the probate dept of the credit card company because?? ( you told them you were executor of the estate ? )

Why are they asking for $11,000 from you ? Or who exactly are they asking it from ?

Charmed_Twiligh · Dec 9, 2008, 07:41 PM

Originally Posted by califdadof3

As of right now I would talk to your bankrupcy lawyer and ask him how it works. Being an authorized user doesnt mean your responsible to pay the bill. Was there some paperwork stating you and your grandfather as co-borrower after her death ?

Is the initial balance 24k or 11k on the account ? ( the amount you actually owe )

Unless you signed something then its not really your debt. It would belong to the estate ( your grandmother ) to pay off. How long has it been since she passed and they started coming after you ?

Amount actually owed is the $11G
The only thing I remember signing is for the insurance,they would wipe out $10G in the event of my gramps passing.
My grams passed away in May of this year,but the debt was racked up within the las past 2mths... and as for the estate nothing was set up yet... and for the lawyer can I file bankruptcy on it since I have power of att over my gramps??

ScottGem · Dec 9, 2008, 07:44 PM

You need to consult an attorney. I doubt if you can file for bankruptcy on a debt that is only a few months old. Nor do I understand why the bank is going after you for such a new debt.

Charmed_Twiligh · Dec 9, 2008, 07:44 PM

Originally Posted by ScottGem

This still isn't making sense. If you used the card with the intention of making payments then why didn't you? And I still believe, that by accepting and using the card, you took responsibility for the account.

I JUST got the FIRST bill for the balance... I didn't even get a chance to make a payment!! The probate dept called me today. I explained that to them as well.. they said it doesn't matter,they want a lump sum of either the whole balance,or at least $9G...

ScottGem · Dec 9, 2008, 07:46 PM

Again, this isn't making a lot of sense. I really think you need an attorney.

Charmed_Twiligh · Dec 9, 2008, 07:48 PM

Originally Posted by califdadof3

Trying to get this straight ok. Your saying you were contacted by the probate dept of the credit card company because ??? ( you told them you were executor of the estate ? )

Why are they asking for $11,000 from you ? Or who exactly are they asking it from ?

No I NEVER told them I'm executor,that would actually be my gramps I think? They asked me cause I live at same house as the phone number on the account,and when he called they asked me if I was so and so,never said anything about being exe of estate,there tech isn't one yet... and yes they are asking "the family" but called here

cdad · Dec 9, 2008, 07:51 PM

Originally Posted by Charmed_Twiligh

amount actually owed is the $11G
The only thing I remember signing is for the insurance,they would wipe out $10G in the event of my gramps passing.
My grams passed away in May of this year,but the debt was racked up within the las past 2mths......and as for the estate nothing was set up yet....and for the lawyer can I file bankruptcy on it since I have power of att over my gramps???

Ok here is where it gets tricky and why you really need to talk to your bankruptcy lawyer.

1) you can not file bankruptcy on the debt because the debt belonged to the estate.

2) in signing for insurance you had to have been authorized ( primary ) account holder if the insurance is through the credit card.

3) you might also have to check the laws of your state and see if an estate and probate account is required because of the limited assets. You might end up opening one anyway and they can attach it and that's all they receive.

4) you could take out a loan ( personal ) and pay off the debt to the credit card company and then make payments that way.

5) talk to your lawyer!!

Charmed_Twiligh · Dec 9, 2008, 07:57 PM

2) in signing for insurance you had to have been authorized ( primary ) account holder if the insurance is through the credit card.***my gramps was "suppose" to be primary signed the insurance,but after all that, that's when they denied him being "primary" on the account,and then within the last week removed my name from account ALL together?? I don't know why they did that??

4) you could take out a loan ( personal ) and pay off the debt to the credit card company and then make payments that way.***can NOT, my credit stinks***

5) talk to your lawyer!! ****** going to call first thing in the AM tomorrow...

JudyKayTee · Dec 10, 2008, 06:15 AM

Originally Posted by Charmed_Twiligh

I JUST got the FIRST bill for the balance...I didnt even get a chance to make a payment!!! The probate dept called me today. I explained that to them as well..they said it doesnt matter,they want a lump sum of either the whole balance,or atleast $9G......

I'm coming into this late but it sounds to me like the cc company is claiming some sort of fraud, assignment of the cc of a deceased person, adding another name to a cc held in the name of a deceased person and that's why the entire balance is due now.