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Responsibility of Credit Card Debt of Deceased. (informational)

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nrthshgrl
It goes fast. Pay attention.

Member since 7/05

57538 total posts

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Responsibility of Credit Card Debt of Deceased. (informational)

Just came across this & wanted to post it for anyone with questions about it.

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.

Debt Responsibility
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
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.

Dealing With Debt Collectors
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


Read more: Who Is Responsible for a Deceased Mother's Credit Card Debt? | eHow.com http://www.ehow.com/facts_6983148_responsible-mother_s-credit-card-debt_.html#ixzz1CGUljL9g

Posted 1/27/11 2:20 PM
 
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Beth
The Key to your new home....

Member since 2/06

24849 total posts

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Beth

Re: Responsibility of Credit Card Debt of Deceased. (informational)

I was told by an estate attorney to just write "estate insolvant" on any letters I got and send them back

after I did that I was never contacted again

Posted 2/2/11 7:40 PM
 
 

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