PDA

View Full Version : Legal obligation


whicks
Mar 12, 2008, 08:08 AM
My mother passed away and during her life she had given me a credit card to use for billd I had after my divorce and bankrupsy that resulted into. I have paid on this monthly and never have been late. Now m mother has passed and my father is still living but card was in her name only and he was not known to the arrangement my mother and I had now its still in her name she had no insurance on it so amount is still owed I am not rying to get away from paying this but do not know what can happen. My siblings are not happy about the agreement between my mother and I and obviously I can not get a loan to pay it back if I could I would all I can do is continue to do what I have done paying payments until paid in full. Please asvise me on what the law is when this such thigs happens, please keep in mind I am fully aware it is my debt and will pay off.

ScottGem
Mar 12, 2008, 08:14 AM
You can do nothing. The credit card issuer does not know your mom is deceased, since you have been paying all along you can just continue to make payments. Or you can tell them that mom is deceased and ask that the account be converted to your name.

I would tend to leave it alone and just keep up payments.

Fr_Chuck
Mar 12, 2008, 09:18 AM
I would stop using it, and merely keep paying on it. Since you were the signer on each charge, most likley they could hold you responsible.
The reason you don't want to use it any more to charge, she is now dead, ( I am sorry for the loss) so she can not tell anyone she gave you permission to use it, so if one of your siblings wanted to try and say you did not have permission to use it, you have little proof that you had a legal right to use the card.

ScottGem
Mar 12, 2008, 10:47 AM
Chuck is right, I just assumed you had stopped using it. But you cannot use it anymore since she is deceased, that would be fraud. But there would be no problem if you continued to make the payments and pay it off. Once paid off, you can request the account be closed.

cdad
Mar 12, 2008, 11:31 AM
You need to inform the credit card company of her death. ( sorry for your loss ). And you can ask that the balance be transferred to you because there was nothing in her estate to satisfy the loan but you feel obligated to make good on it. The others are correct and you no longer can use the card unless an agreement is reached with the card company and its changed to your name. Above all you need to keep all parties informed as to what's going on.

ScottGem
Mar 12, 2008, 11:35 AM
You need to inform the credit card company of her death.

I have to disagree. As long as payments arre maintained I see no requirement that the cc issuer need be informed. The drawback to informing them is that they might require the balance be paid in full.