Who Is Responsible for a Deceased Mother's Credit Card Debt?
If you are contacted about an unpaid debt belonging to a deceased parent or relative, do not cave in to demands for payment. In almost all cases, creditors can only demand payment from the estate of the deceased, not her survivors.
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Debt Responsibility
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Unless you and your mother were joint holders of her credit cards, you are not responsible for her debt. This is true even if you were an authorized user of the card or cards. Your mother's creditors can, however, submit their request to the executor of the estate so that the debt can be paid while it is in probate.
Community Property States
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In states with community property laws, debts acquired during the marriage belong to both parties. If your mother was married, her husband may be liable for paying her credit card debt, even if his name was not on the account.
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Dealing With Debt Collectors
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Some collection agencies actually specialize in collecting debts from relatives of the deceased. If you are contacted by a collection agency about your mother's debt, you can refer the collector to the lawyer who is handling the estate. You can also invoke your rights under the Fair Debt Collection Practices Act and send them a letter via certified mail requesting that they not contact you again.
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References
- Photo Credit Paying Bills image by ne_fall_photos from Fotolia.com
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Comments
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To Benjamin Nagurski and Paul Edwards: It's called risk, not poor judgment. Normal and good business practice involves taking some risk.
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The credit card companies do not loose money to bad debt. They consider it a cost of doing business and expense it. Then raise fees and interest to other users. So pay them off each month, and let those who can not control their useage pay the exphorbatant interest. Thanks to Congress for this windfalll to Banks. Banks have been continually lending money through mortagages (thanks to Barney Franks) and credit cards without the ability to pay. As a result the recovery will longer because many citizens are trying to pay credit card debt.
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What about cain?;X
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debt is a problem for a lot of people, you must always decide what you need vs what you want, be simple minded and control yourself before the debt situations consumes you.
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Newt Gingrich for US President? He is worst morally that Senator John Edwards when it comes to loyalty to their wives!
