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Death of the sole responsible cardholder legally terminates the account. An AU does not have the right to continue accruing debt on an account for which they are only an AU.
It was the responsibility of the administrator to have notified the creditor of the death of the cardholder as part of his or her duties.
A creditor taking civil action against a 70-year old grandma for fraudulent use of a card for which she is an AU?
That will never happen!
She should simply stop using the card and immediately either notify the administrator to provide notice to the creditor, or at least send them notice herself.
If the AU calls the creditor, can't they assume responsibility for the account ? I have seen instances where the primary card holder dies and the AU calls and assumes responsibility for the account.
Perhaps.
However, that would be an "after they are notified" consideration.
They still need to be noticed that the only responsible party is now deceased.
Upon updating that fact with the CRA, the old, sole account must be closed by law. Any consideration as to a future account with the prior AU is separate.
I think it's a delicate area and the potential to get into trouble is there if one is not careful. You are right. Some states do not look at these situations favorably.
The person appointed as the administrator/executor of the estate.