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If your mother passed away and was on a fixed income and had no estate and had a credit card from a department store who is liable for this account by the laws of Louisiana?

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2005-09-06 14:50:21
2005-09-06 14:50:21

If there were not assets that could be used to pay her debts, then the debts become uncollectible. Other family members are not responsible to pay the debts of a deceased if they were not a joint account holder. If there were a surviving spouse they would be responsible for the debt even though they were not listed as a joint account holder, due to the fact that Louisiana is a community property state. Generally all that is needed is to supply the creditor with proof of death and of course all the information pertaining to the account itself. Please be adviced, it is not unusual for a creditor to try to convince family members into paying such debt(s) they ARE NOT legally obligated to do so. It may be necessary to also remit a letter of "cease and desist" if future collection attempts are pursued.

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It does not. The debt belongs to the deceased. If the estate cannot settle the account, the credit card company is not going to get paid.

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The estate of the spouse is responsible. IF both are on the same checking account then the FULL amount of that checking account can be considered the spouses estate too. Even if the account is closed just prior or just after death, then the amount in the account months prior is still considered a portion of the estate.

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If the cardholder has an estate, the credit card company can pursue that. In practice they don't really do that. If the account is a joint account, the other account holder becomes wholly responsible for the debt. Otherwise the bank eats the money.

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The estate, or any person who was listed on the account. The debt must always be settled.

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You would contact the credit card company. They would probably need a copy of the death certificate in order to remove the name. If the account is in that name only, the estate would pay off the loan and close the account.

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Nope, has to be deposited to an estate account. You can then go ahead and write a check to yourself from the estate account.... assuming you are the executor and have the authority to do so. Nope, has to be deposited to an estate account. You can then go ahead and write a check to yourself from the estate account.... assuming you are the executor and have the authority to do so.

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Yes if the account if joint regardless if the actual card did not have their name on it.

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The estate of the deceased. Also anyone that was listed as a co-signer or joint account holder.

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when can you close my fathers estate account and keep the money.

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The estate covers the bill. If the spouse is still alive, he/she will probably have to cover the bill with the proceeds of the estate. If there aren't enough assets to cover the debt, and the credit account was not joint with anyone else, the credit card company will have to pay it out of their own pocket. Credit card companies cannot force the family to pay the debt. == ==

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