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If your home was given to you in a trust by your dad and is not in your name can they take the house in CA for credit card debt left by your deceased mother - the debt is on your credit report?

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2005-09-17 07:21:45
2005-09-17 07:21:45

I am truly sorry to hear about your father's and your mother's passing. Your father should have a Will. The Will is an "Estate." This should go to Probate which means any outstanding debts your father had such as taxes on property, personal taxes, credit cards, etc., are paid off in full (you are not responsible for them) and what is left in the Estate is divided by the Heirs in the said Will which appears to be you. In Trust or not, there has got to be a Will with instructions from your father. The house was left to you. Unless you took a Credit Card out for your mother in her name then you are not responsible for any balances owing on her credit cards. If she left no Will, then it's null and void! If there are outstanding debts such as Credit Card balances owing, personal taxes or property taxes then it's possible your father had accounts, stocks or bonds as well and thus, these debts can be paid off (if there are any) and you can have the house free and clear. Many Credit Card companies have been offering a Life Insurance that due to death your credit card is paid off up to a certain amount. Check with each credit card company your parents had. I suggest you seek legal counsel for this to be sure you don't end up owing the IRS anything. Good luck Marcy

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