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Generally speaking, the estate is responsible for the debts of the decedent. If a person owned any property at the time of their death that property comprises the estate and their estate must be probated. Depending on the size of the estate, many jurisdictions have less formal procedures for small estates. The decedent's debts must be paid before there can be any distribution to the heirs. If the assets of the estate are not sufficient to pay those debts the estate is declared to be insolvent. There is no liability for personal debts if the estate cannot pay. The lender can repossess property in the case of any secured debt such as one for the purchase of an automobile. Of course, in the case of a mortgage, the lender can foreclose and take possession of the property.

Creditors have a statutory period in which to file a claim against the estate. State laws vary. You need to check the laws of your state to determine if any special provisions may apply. In community property states, credit accounts opened in one name during a marriage may automatically become joint accounts. The situation changes in the case of JOINT account holders. If you are a joint account holder or co-signer with the decedent then you will be held responsible for full payment of the outstanding balance.

Note that many creditors will try to get payment from heirs. Check with an attorney before making any payments toward any debt of a decedent. If there is no estate, most creditors will close the account upon the receipt of a death certificate. Once a death certificate is received by the creditor along with a letter explaining that there is no estate, creditors usually forgive the debt, close the account and write it off. In the case of a persistent creditor, an estate may need to be filed even if there is no estate in order to satisfy the creditor that the debtor has died and there is no estate.

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โˆ™ 2010-04-25 16:13:52
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Q: Who is responsible for your credit card debt after your death?
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Would my mother's children be liable for any credit card debt she had at the time of her death?

Your mother's estate is responsible for her credit card debt.


Who is responsible for credit card debt after death in the state of Illinois?

Actually, the answer is the credit card holder is responsible for the debt if single, otherwise the spouse may be responsible for a partners debts. If it was made while they were married, otherwise, the bank can't collect the debt.


Who is responsible for your credit card debt after your death in Ontario?

I live in California, and my grandmother passed away and I contacted the credit card companies, told them she died, sent a death certificate, and they took care of the debt.


I am in Oregon my Dad has died I am 23 and do not know what to do about his credit card debt Am I responsible I am in Oregon.?

AnswerNo, you need to send a copy of the death certificate to the credit card company. You are not responsible for your father's debt.


Is an authorized credit card user responsible for credit card debt if the primary card holder declares bankruptcy?

No. The card holder is responsible for all debt on the credit they extended to him. (You may be responsible to the credit card holder for the debt he incurred for you, if that was your agreement).


Who is responsible for a deceased person credit card debt in North Carolina?

The estate is responsible for the decedent's credit card debt.


If my husband dies and leaves credit card debt and our childrens parent plus loan debt am I responsible for assuming the debt in PA?

not if you have death insurance on the loan and credit cards


Who is responsible for outstanding credit card debt if bank cancels your credit card?

You are because you incurred the debt.


Who is responsible for debt if a bank cancels a credit card?

The person who carried the card is still responsible for the debt.


If your wife gets a credit card and you am not a guarantor or signator for that card are you liable for the debt after her death in the state of Florida?

The actual account holder is the person who is responsible for the debt. If a married couple reside in a community property state, they are usually equally responsible for debts, including credit card accounts.


Is child responsible for parents credit card debt after death?

I think that would be paid out of the estate and not by the child.


Is a wife responsible for husbands credit card debt after his death with no estate or will?

If the card is in his name, only, there may be an out. You will need to get legal help.


Are you responsible for your dead spouses credit card debt if you own a house together?

Your dead spouse's estate is responsible for the credit card debt. In practice, this may amount to "you are responsible for it."


Who is responsible for your credit card debt after your death in Mississippi?

The estate is responsible for the credit card debts of the deceased. That means before the estate can be settled, all debts have to be cleared. If there is not enough in the estate to cover them, they may not get paid.


If surviving spouse is insolvent is she responsible for credit card debt in Arizona a communty property state if her name was not on credit card and she never used credit card?

The estate is primarily responsible. However, a spouse is normally considered to benefit from such debt and can be held responsible.


Who is responsible for credit card debt when there is no estate?

Generally a person's estate is responsible for the decedent's debts. If there is no estate the creditors are out of luck. They should be notified of the death.


In NY am I responsible for your a husband's credit card debt after his death and can they get it from our joint checking account?

Yes, if you share assets then the credit companies will consider you responsible and come after you for the unpaid debt. You may consult a credit councelor, they may have a loophole that the general public doesn't know about.


Who is responsible for credit card debt?

Generally, the person that signed up for the credit card is responsible. If any users were added to the account, they are also responsible. This include joint accounts. You cannot inherit credit card debt. So, do not believe a collection agency when they tell you that. See the FDCPA for your rights in debt collection.


Who is responsible for credit card debt after death in NJ?

The estate has the responsibility to settle all debts including credit cards. Once that is done, the remainder can be distributed.


Who is responsible for credit card debt incurred without marriage?

Whoever owns the credit card


Who is responsible for a deceased mother's credit card debt which is in her name only and property has transfer on death on dead avoiding probate?

The estate is responsible to pay outstanding debt before being distributed to the heirs.


Will you have to pay wifes credit card bill after death?

Only if your were a co-applicant. If not, your wife's estate is responsible for paying the debt. If she has no estate, send the credit card company a copy of the death certificate and let them know that there will be no estate set up.


If a person has no estate at the time of death who would be responsible for his credit card debt?

Currently I am dealing with estate issues and credit card debts. I am not a lawyer but after talking to many professionals, it seems to me that if their is no estate and no joint credit card holders then the card company will have to write it off.....


If are paying off your parent's credit card debt since his death is the credit card company responsible for taking off all finance charges back to the time of death?

Why is the debt being paid? Was the deceased the only account holder? These things are very important, because ONLY the account holder is responsible for credit card debt. There are a few exceptions, but generally even they can be voided via the appeals process. Therefore, the interest charges are only valid if the debt is actually valid. The party involved might wish to consult an attorney concerning this issue. If the debt was part of the probated estate it should have been paid through the court. An authorized user is NOT responsible for credit card debt of a deceased person. The exception would be if the person continued to use the card after the account holder's death, in which case they could be held liable for those charges only.


Are you responsible for the debt if you are a 'card holder' on your deceased father's credit card account?

If you have a card with your name on it usually you are considered a joint account holder and are responsible for the debt incurred on that account. If a consumer is listed as an authorized user (they do not have a card with their name) he or she is not responsible for the debt.