What should the family do about the credit card debt of their deceased brother?
In Canadian Law if your brother left a Will then whatever he has in his Estate will be Probated and ALL creditors will be paid off first and the residue of that Estate will go to any heirs in that Will. If you brother left no Will (minor or in their 20s - 30s) then you are still not responsible for his credit card debt, but if he has a wife then yes, she could well be expected to pay for this debt. * In the US all debts are included in the deceased estate and are handled according to the probate laws of the state in which the person was a resident at the time of his or her death. Surviving family members are not responsible for any debts of a deceased person unless they are a joint account holder or have accepted the responsibility through a written (not verbal) agreement, such as medical bills, funeral expenses, and so forth. The exception in some instances is a surviving spouse when the couple resided in a community property state. Likewise, family members are not legally obligated to communicate with creditors of the deceased unless they choose to do so or are the administrator of the estate.
Can a credit union take money out of a frozen acct of a deceased person without the permission of a family member for a bank issued credit card in Texas?
Who appoints adminstrator for the deceased when the deceased has living kids and parents but didn't have a will.?
Who is responsible for a debt if the credit card company of the deceased turns the unpaid balance to the collection agency for the family to pay but there is no spouse or children?
If there is no inheirator of the deceased's estate no one is responsible. However if you have inheireted the decease estate and accepted that then you also have to accept the debt. Payment of debt should come from the estate of the deceased. If the estate of the deceased is without sufficient resources to pay the debts and the deceased does not have joint obligation with anyone, the total of debt should be added together…
If a card holder is deceased but a family member had an additional card and charged over 5K since the death is this considered fraud and does the estate have to pay the debt?
Yes, it IS fraud, and the estate should NOT pay the debt, instead the trustee should turn in the criminal to the credit card company and point out that the estate of the deceased is not responsible for any debt incured after the death date. This would be fraud. I am sorry for your loss, and all of the trouble that you and your family are going through now. God Bless:)
You should not go to a funeral when your presence would upset a family member or loved one of the deceased. It is not proper or appropriate to attend the funeral of an ex if that person has a new husbad/wife etc.. If you caused pain to the deceased or someone close to the deceased it is best not to go. Remember the funeral is not about you.
If a card holder is deceased but a family member had an additional card and charged over 5000 dollars since the death and is now recently deceased who is responsible for the fraud and debt?
Can your credit be ruined if you do not pay your deceased mothers medical bills there was no estate she owned nothing?
It should not affect your credit unless you signed as a guarantor on any of the agreements. In most cases the debts of the deceased, including funeral expenses, are the responsibility of the estate. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. Consult a probate attorney in your jurisdiction for help.
The right would be to the immediate family of the deceased person. As you are not legally married to the deceased person, then you will have little or no right. However, the deceased persons family may be happy for you to arrange things, however, you should always check with the deceased's relatives first to save any upset at what is a very sensitive time for all.