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    Chrome Dinette's Avatar
    Chrome Dinette Posts: 2, Reputation: 1
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    #1

    Jul 23, 2007, 06:25 PM
    Mother's cc debt
    My Mother recently passed away leaving the house to me through a trust. She has approximately $3K in cc debt. Am I legally obligated to pay her cc debt?

    CD
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jul 23, 2007, 06:28 PM
    The estate is responsible for any debts she had.If the house passed to you through a trust and outside the estate, then no you aren't responsible. But if there were any other assets that were part of her estate, they must first be used to pay her debts before being distributed to the heirs.
    Chrome Dinette's Avatar
    Chrome Dinette Posts: 2, Reputation: 1
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    #3

    Jul 23, 2007, 06:58 PM
    The house was deeded to me through a trust. Is it correct to assume the definition of 'estate' is applied after a probate? The property was not probated as the trust named me exclusively as sole heir.

    CD
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Jul 23, 2007, 07:34 PM
    I think you need to check with the atty that created the trust, generally a trust like that is meant to avoid probate. No, the estate is any assets and debts that the deceased owned or owed at the time of their death. With a trust, property is transferred to the trust BEFORE death so the deceased did not own the property.
    Mathandler1's Avatar
    Mathandler1 Posts: 87, Reputation: 2
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    #5

    Jul 27, 2007, 11:38 AM
    I am sorry to hear about your great loss, my father passed away twenty years ago. Anyway, If there was an attorney present when the trust was set up, maybe seek his/her legal advice instead of others that were not there when this all occurred. If not seek out an attorney throw the phone book that gives free consultation and make an appointment to seek their legal adivce on the issue. From my experience ask advice from more than one attorney never just go with one and to take ALL documents with you when you do. Hope this help some what? Good Luck!
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