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    cindyc's Avatar
    cindyc Posts: 3, Reputation: 1
    New Member
     
    #1

    Jul 31, 2007, 10:55 AM
    Mother died
    My mother died feb 2005 she left ahouse with land I put it in my name with the blessings of my brothers my sister is deaf and disabled so she is living with me and my wife the question is I paid on the credit cards until 8 months ago then I told them she is dead I did not know you could have done it at all I kept paying them I am an autheriser user on them so I quit paying on them now they ask does she have an esate I say no am I lying she had no money nothing except the house we all were living in taking care of her she had altimerizers there is a couple for 10 thousand one for 5 thousand one of the credit card people said if I ever came across of money then I can pay I offered 50 dollars a month this particuar one is nice the others keep calling what doi do
    Emland's Avatar
    Emland Posts: 2,468, Reputation: 496
    Ultra Member
     
    #2

    Jul 31, 2007, 11:18 AM
    If your mother was the account holder and you were only an authorized user, you are not responsible for the account. Notify them she is deceased. They will automatically close the account and you may be asked to provide a death certificate. They may make you feel like you are obligated to pay and you can if you want to, but they cannot sue you for her balance.

    Sorry for the loss of your mother.
    LearningAsIGo's Avatar
    LearningAsIGo Posts: 2,653, Reputation: 350
    Survivor
     
    #3

    Jul 31, 2007, 12:39 PM
    Is the house legally in your name? I only ask because Emland is correct, they cannot get you to pay on her debts, though they may try and make you feel that way. However, if she left an estate (which her home would be if its in her name) that estate would go toward her debts.

    Credit card companies/debt collectors are in the business of getting money they loaned out, so they will pursue you to pay. Remember, they cannot force you to pay your mothers debts and it will not reflect negatively on you or your credit report. If she left you something though, it could be taken for payment to HER debts. An estate lawyer could help if that is the situation.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Jul 31, 2007, 12:47 PM
    Two issues here. If you continued making payments using your own checking account, then it might be determined that you assumed the debt. Also, the house was your mom's estate. Unless the house was in your name with right of survivorship, then it constituted her estate. Before any assets of the estate can be disbursed to her heirs, any outstanding debts have to be paid. For you to have transferred the house into your name without paying those debts is probably illegal and the creditors can sue you as executor of the estate.

    You really need to consult an attorney to make sure things are done legally. While you probably cannot be forced to sell the house to pay the debt, you can't legally take ownership of it without doing so.
    cindyc's Avatar
    cindyc Posts: 3, Reputation: 1
    New Member
     
    #5

    Jul 31, 2007, 01:26 PM
    Mother died
    You helped a lot I'm new at this so if it doesn't make sense let me know since its been over2 years since her death would I be lying if I say she doesn't have estate since she doesn't now I did not know that I could cancel her cards until 8 months ago
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,303, Reputation: 7692
    Expert
     
    #6

    Jul 31, 2007, 01:30 PM
    I will agree with Scott, first it appears she had an estate, so you by lying to them, and not paying are committing fraud, a criminal offense. So if and when they find out, they will then hold filing criminal charges against you.

    Second, if you continued to pay them after their death, it shows or can show in court ( depends on where you live) that you perrsonally assumed the debt.
    cindyc's Avatar
    cindyc Posts: 3, Reputation: 1
    New Member
     
    #7

    Jul 31, 2007, 03:53 PM
    Hi even though I had noi dea that I didn't have to pay the cards until someone told me to send in the death cert. I know it seems dumb but I had noidea I was doing wrong by putting in my name could they make you sale the house if you have no other place to goi thought I was paying in good faith
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Jul 31, 2007, 03:59 PM
    Ignorance of the law is no excuse. It might get you some leniency from a judge. Get an attornwy NOW to straighten this all out.

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