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Late Father Credit Card debt.

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Jerry45
Valued Contributor

Late Father Credit Card debt.

My father passed almost 2 years ago, and my mother is still alive and on limited income.  My dad had a visa thru a credit union with about 4k in debt.

The CU was notified several times that he passed, but still send letters in my Dad's name with collection threats etc.. My mom is nowhere on this account as I have checked her credit.  One rep at the CU even told us to disregard it, but I am worried that since she made payments on the card after he died for a few months, that they will come after her.  what can they do? thanks for all help

Message 1 of 6
5 REPLIES 5
RobertEG
Legendary Contributor

Re: Late Father Credit Card debt.

Message 2 of 6
Anonymous
Not applicable

Re: Late Father Credit Card debt.

Bear in mind that none of us are attempting to offer legal advice (as though we were licensed attorneys).  With that caveat out of the way, if you were to contact an attorney for advice, she might ask some of the following:

 

(1)  What was the date of death?

 

(2)  When was the CC issuer contacted (and by whom) notifying them of his death?  Were they put in touch with the executor of your father's estate?

 

(3)  How much was the estate worth?

 

(4)  Who was the executor of the estate?

 

(5)  When where the funds in your father's estate disbursed to all of the beneficiaries?

 

The bottom line is that it's not unusual for inheritence law to require that the executor of the estate first pay off the deceased's debts before individuals named in the will inherit.  Thus, to give a simple example, if your father had 100k in his estate and 40k in debts, with his wife being the sole beneficiary, she should have gotten whatever was left after the costs of the funeral and the payment of debts etc.

 

Message 3 of 6
Jerry45
Valued Contributor

Re: Late Father Credit Card debt.

Thanks Robert for the helpful link
Message 4 of 6
Jerry45
Valued Contributor

Re: Late Father Credit Card debt.

Great points Dixie
Message 5 of 6
Anonymous
Not applicable

Re: Late Father Credit Card debt.

When my Mother past, I simply took the Death Certificate to the Bank and signed a legal form. Had she no Money in her accnt, then they would have forgiven the Debt. I live in Oregon. But since she had Cash in checking, they settled with me for that ammount instead of the full balance on the card. 

Message 6 of 6
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