QUESTION
Am I responsible for parent's credit card debits after their deaths?
Asked on Oct 25th, 2011 on Estate Planning - California
More details to this question:
My dad passed 7 years ago and my mom passed this week leaving only asset of home to my brother and I through deed of beneficiary with life insurance only enough to bury her. Are we held responsible for her only debt of two credit cards totaling $10,000.00?
5 ANSWERS
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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Generally, you are not responsible personally for the credit card debt. However, your mother's estate is. If any of her assets pass through her estate, then the bills will likely have to be paid, assuming the credit card companies file a claim in the estate. You should consult with an attorney in your area that practices probate law to be certain.
Answered on Feb 20th, 2012 at 3:51 PM
3 Awards
Generally speaking to the extent you receive assets of value from a decedent that could be used to pay debts, you will be responsible for the debt up to the value of the asset[s] you received.
Answered on Oct 31st, 2011 at 7:31 PM
Glen Edward Ashman
Maybe. The home is complicated. The language of the paperwork is needed to answer the question.
Answered on Oct 27th, 2011 at 1:30 AM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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No. Write to the credit card companies as follows. "I am writing as a courtesy. My parents are both deceased. My mother recently passed on."
Answered on Oct 27th, 2011 at 12:21 AM
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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Your mother's estate is responsible for paying the debts. The executor of the estate is responsible for paying allowed creditor claims. Please note that the creditor can open a probate as an interested party. You should negotiate the debt payment.
Answered on Oct 26th, 2011 at 5:35 PM