Who has to pay my mom's credit card debt now that she is gone?

Question

My mom RECENTLY passed away. She still has a credit card bill that needs to be dealt with. My father doesn't know much about it. It wasn't in my father's name, just my mother's alone. Now that she is gone, who has to pay for it? She technically doesn't have an estate, except for the house, but my father's name is still on the house and he lives in it. Without the house, he has no where else to go. He can't afford her bill and he doesn't even know it's a big bill. Help!

She only has $200 in her bank account! That's no where near enough money to pay the debt.

Answer 1

The card company can petition the estate to get paid. But since you say there is nothing in her estate except for $200 in the bank, then all her creditors would be able to do is divvy that $200 up if they want to mess with it.

Credit cards are unsecured debt and they cannot force your father to sell "anything" that was in both of their names to pay the debt.

Do like some of the other posters mentioned, send her creditors a copy of the death certificate along with a letter of explanation. Send them certified mail return receipt.
If your father has a lawyer, he might ask the lawyer to handle it.

Keep every record of what you send and what they send in a safe place, just in case the credit card companies try to hassle your father.

Tell your father he is not responsible for her debts if his name was not on the credit card accounts as a joint user and if everything they own was either in both of their names or his name only.
(even if his name was on the card accounts as an authorized user, he would still not be responsible for them)

I'm sorry for your loss.

Answer 2

If you have a friend lawyer, could be good to ask how does it work, but if not, then perhaps is the best to go directly to the bank and ask with a manager how does this kind of situation, a long time ago when the person died (the owner of the main account) the amount owed was gone, but nowadays cause a lot of people fake the dead papers this situation I think is no longer valid.

Go the institution that your mom had the credit card, and with the best of your attitude (or with your dad, both I mean) explain step by step what happened, bring the legal papers where it is written (certificate of decease, sorry I don't know the right name) and any paper or the credit itself in order for the company to know which client are talking about, and to try to put in order what is gonna happened with the debt.

I know what you mean that your dad can't afford the bill, but unfortunately things have to be arranged, and believe me that if you go with good will to the bank and say ... (in simple words: Mr. ... my wife had an account with your company (show credit card) and I want to know what to do cause she died (date) and we were not aware of how much she spent from the credit card, so I would like to let things clear about her name.

If the amount owed is big, right away ask for facilities to be able to pay it, they have to do it, and is better to pay because otherwise your dad's name is in a list of people that don't pay (even when he was not the owner of the account neither use the credit card, as well it depends how your parents got married -separate goods or mixed) and to be in that "black list of a bank" that goes directly to a database that anytime that you want to ask for a loan, buy a car, a house, etc, that is shown and is gonna be hard to receive any help after from any bank or credit institution (even when he was not the one using the credit card)

Is better for your dad to show up at the institution than the bank sending you invoices or ugly guys asking for money in a very rude way.

I hope everything work fine for your family.

Answer 3

I would notify the credit card company that she is deceased. They will probably require a certified copy of her death certificate as proof. I'm sure that any further action by the credit card company will depend upon the balance on the account. Worse case scenario, they could sue the estate for the balance. Your dad probably shared a deposit account with her which is technically 50% her asset. I would be honest with the credit card company and notify them that she is gone. Be prepared to send the death certificate to them. I know you probably do not want to get an attorney's opinion but if the possibility of a lawsuit is mentioned, that might be your only alternative. The credit card company would probably work out a repayment plan if they pursue the estate for payment.

Answer 4

When my mother died many years ago she had just purchased a house full of furniture. She was in denial that she was dying so she went and bought all new furniture for the living room and bedroom.

When she died I contacted the furniture company and informed them that my mother had died. They told me that I would have to take that up with the finance company. I called the finance company and explained to them that my mother had been in and out of the hospital for over two years.

All they wanted was proof that my mother was dead (a copy of her death certificate), a copy of her bank account statement, and letter from her last doctor to confirm that she was critical ill when she purchased the furniture.

They said that I could sell the furniture or keep it, they did not want it back. I never heard from them again.

Some companies have human people working for them, and other only have machines with no feelings.

Answer 5

Normally, a deceased person's estate is responsible for paying any outstanding debts. The executor of the estate would see to the payment using the estate's assets.

Answer 6

The agency will put charge on her estate including bank account

Answer 7

It will come out of her bank account.