My Father passed away over a year ago, he had life insurance which paid for the funeral. He had credit card debt in his name only. My mother has been paying these bills and is not able to afford it. They lived with my sister and owned nothing. They had joint bank accounts. Is my Mother responsible for his Credit Card debt. The Credit Cards were in his name only with a total of all accounts being approximately $15000. He had no other assets and there was next to nothing left after the funeral. There was no will and probate was not filed. Thanks, Tom

Tom - if your mother was not named on any of the credit cards then she is not responsible for the debts. However, a joint banking account can be considered as an asset of his estate, and hence any money in that account can be attached by the creditor. They can also come after any other assets that may have been in his estate, such as a car. But they can't come after any of your mother's separately owned assets - her own checking or savings account, car, jewelry, etc.

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Originally Posted by ebaines

... However, a joint banking account can be considered as an asset of his estate, and hence any money in that account can be attached by the creditor. ...

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If the creditor has a judgment against the estate. The wouldn't be able to simply attach the account without first obtaining a judgment and, since there is no probate estate established, it would be complex and unusual to do.

If it's possible that they served the decedent before he died, his widow might consider transferring the money to a new bank account. However since it is a joint account, it would become hers upon his death and that is probably not necessary.

How would we inform the credit card companies that we are not going to pay them because we feel my Mother is not responsible. Should I send a letter explaining there is no estate or assets along with a copy of the death certificate?
Thank you very much for your help!
Tom

How would we inform the credit card companies that we are not going to pay them because we feel my Mother is not responsible. Should I send a letter explaining there is no estate or assets along with a copy of the death certificate?
Thank you very much for your help!
Tom

If the question is who is responsible it depends on what the bills are for (medical is an exception), whose name(s) is on the card, why you feel she is not responsible.

The credit card company can (and possibly will) file a claim against the estate. These are unpaid bills left by the decedent.

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Originally Posted by tflynn1963

... Should I send a letter explaining there is no estate or assets along with a copy of the death certificate? ...

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If you want.

As a courtesy.

But legally there is no need to do anything.

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Originally Posted by JudyKayTee

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The credit card company can (and possibly will) file a claim against the estate. These are unpaid bills left by the decedent.

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And who would it serve with process?

The estate doesn't exist.

The mother paid on the account a year ago instead of notifying the bank that he was deceased - or so I can only guess. I believe, if they chose to do so, that the credit card company can file against the estate. "Next to nothing" is in the eyes of the beholder. I hear "next to nothing" when there's a house with no mortgage.

Need more info - ?

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Originally Posted by tflynn1963

... He had no other assets and there was next to nothing left after the funeral. ...

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Quote:

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Originally Posted by JudyKayTee

... I believe, if they chose to do so, that the credit card company can file against the estate. "Next to nothing" is in the eyes of the beholder. I hear "next to nothing" when there's a house with no mortgage.
...

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True, but my guess is that there were some old clothes, used dishes, and, in the refrigeratror, a half-empty carton of eggs and some wilted celery.

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Originally Posted by tflynn1963

My Father passed away over a year ago, ... He had credit card debt in his name only. My mother has been paying these bills /

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This is your problem. Had mom simply sent the bills back marked deceased there would probably not be an issue. But since she has continued to pay they may say she assumed responsibility for the debts.