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    autden's Avatar
    autden Posts: 4, Reputation: 1
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    #1

    Mar 1, 2009, 03:53 PM
    My Mother passed away with credit card debt
    My mother recently passed away with 2 credit cards that she owed around 12k on, I have closed both accounts, there is no money to pay these debts, we have not taken the will to probate yet, but the credit card companies want to know how we will pay for them. Everything my dad and her have is owed for. This is in NC, what are the legal laws to this credit card debt, we have been told that there is nothing they can do, but they said if we don't pay they will contact the county to find assests. There was a life insurance policy but it went to the funeral expenses etc... Is there really anything they can do or are they just bluffing. If the real estate is in both her name and her husbands can they put a lien against it?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Mar 1, 2009, 04:01 PM

    Your mom's debts went with her, autden. Just settle yourself, grieve how you want to and tell anyone that calls you about the debts to go ****.

    They will say anything to get you worked up and worried and it is all bluff.

    They can't take anyting you have because it was your mom's debt, in her name, right...


    Tick
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 1, 2009, 04:04 PM

    If there is no property that is there to be sold, you merely inform them there is no money and they are free to look all they want.

    They want you to say something like "i will pay" so first stop ever talking to them on the phone, only do it in writing
    autden's Avatar
    autden Posts: 4, Reputation: 1
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    #4

    Mar 1, 2009, 04:48 PM
    Quote Originally Posted by tickle View Post
    Your mom's debts went with her, autden. Just settle yourself, grieve how you want to and tell anyone that calls you about the debts to go ****.

    They will say anything to get you worked up and worried and it is all bluff.

    They can't take anyting you have because it was your mom's debt, in her name, right....


    tick
    Thanks for your response, there was not anything in my name, but the house is in her and her husbands name, we have already changed some accts.
    autden's Avatar
    autden Posts: 4, Reputation: 1
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    #5

    Mar 1, 2009, 04:51 PM
    Quote Originally Posted by Fr_Chuck View Post
    If there is no property that is there to be sold, you merely inform them there is no money and they are free to look all they want.

    They want you to say something like "i will pay" so first stop ever talking to them on the phone, only do it in writing
    They did have a home together her and her husband in both names, but the credit cards are solely in her name. When I called the credit card companies it was just to close accts so they would stop calling and sending letters as my father has a heart condition and is facing surgery. Thanks Autden
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Mar 1, 2009, 05:07 PM

    You do need to probate the estate to prove that there are no assets left. Any proceeds of life insurance are outside the estate. If the home was held in both names as joint tenants with right of survivroship then that passed to your father outside the estate.

    So send a letter to the cc stating that she died with no assets and therefore there is nothing to pay the balances.
    autden's Avatar
    autden Posts: 4, Reputation: 1
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    #7

    Mar 1, 2009, 05:15 PM
    Quote Originally Posted by ScottGem View Post
    You do need to probate the estate to prove that there are no assets left. Any proceeds of life insurance are outside the estate. If the home was held in both names as joint tenants with right of survivroship then that passed to your father outside the estate.

    So send a letter to the cc stating that she died with no assets and therefore there is nothing to pay the balances.
    Thank you!!
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