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This depends upon a couple of basic things. 1. Any debt incurred by the Mom or the Child (with Mom's permission) up to the time of the death of the Mom is the responsiblity of the estate. After all her name is on the account and she knew of the charges and therefore the assets available at the time of death must be applied to the liabilities at the time of death. 2. Any charges made after the death of all parties unless specifically made for the estate then those charges will be considered fraudlent. The Estate will not be responsible for those, however see number three below. 3. If the child is using the card with out permission then the estate will not be liable for the charges. However, the credit card company is going to want their money so they will ask for one of two things: 1)the estate pay the bill or 2)the executor of the estate will sign a statement that the charges were made with out the parent or estate's permission which would constitute fraud on the child who made the charges. They will then seek payment from the child or press criminal charges against them. Hope this helps.

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โˆ™ 2005-11-03 20:25:02
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Q: If your father passed away 2 years ago and your mother and brother were using his credit cards and she passed away is the estate responsible for the credit balance after his death or is your brother?
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My brother dies in Texas and has no assets am I responsible for his credit cards and other personal debts?

Your brother's estate is responsible for payment of his debts. If there is no estate then his creditors are out of luck. You could send any bills back along with a copy of his death certificate.


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If there is a co-signor on the accounts, they will become responsible for the balance due. If there is not a co-signor, creditors can attempt to collect from your estate. If your estate is not enough to cover the balances due, the remainder will be written off by the creditor leaving no one responsible for the balance.


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If the surviving spouse did not sign the credit card agreement then they are not responsible for it. However, the creditors could still come after the deceased spouse's estate (i.e. life insurance) for the balance of credit. You probably want to ask an estate attorney that question.


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