Sunday, December 4, 2011

Who is responsible for the credit card debt of a person who dies?

I am having doubt about the credit card debt of a person. My uncle passed away but he is having credit card debt. Who is responsible for that debt?|||His estate. Any assets that he had must be liquidated and used to pay off all his debts, including credit card, before any distribution is made to his heirs.





Whoever is the executor of his will or the administrator of his estate must notify his debtors of his death and make arrangements for payment. They will not be responsible for paying any of his debts out of their own pocket.|||No one in his family is responsible - NO ONE.


The reason I capitalized is because creditors, even though they know this, they will call you and scare you into thinking you owe them.


Please tell everyone in your family.


They can call anyone in the family.


I've heard they even call neighbors asking if they know of any other family members.





If the debt is large enough, they will go through the estate.


Once the estate settles, the creditor will have to come after the estate.


If your uncle had no cash assetts to his name - he will owe nothing.


Note: Im 90% sure they can not come after any life insurance payouts.


/|||the estate like one person said


But, I used to do collections and when a person died, the family would fax a death certificate my company. It would be reviewed by the appropriate department, and then it was just written off. No payment required. When I left, there was a drive to try to collect on dead people. BUt, I even think they found it was expending too much staff time to collect on the accounts.


Call them and explain the person is dead, and you will probably get off sending in the certificate. If they say, can you pay ... etc, just say no. Times are too hard.


My mother passed last year and did not have an estate, so it was easy on me. Just send Death Certificates to places and issue done. She died in Jan, and did not meet the income levels, so do not even have to do an IRS form this year. All they wanted was an original death cert.|||The estate IS responsible, but if the credit card account was a joint account (owner and co-owner of said account) the other person is responsible.








If your uncle had an authorized user on the account (many people add their children), then it would be in the best interest of the authorized user to take care of the debt, because it reports to their credit bureau as well.|||Life insurance payouts pass to the beneficiary outside of probate, so it is protected and not included as part of the deceased estate.





Family members are not obligated to pay the debts of the deceased The estate, if there are assets that can be sold, will pay the debts. It's important to understand that if the deed to the family home is written as joint tenancy in common, the deceased's portion of of the property interest can be ordered sold to settle debts. Joint tenants with right of survivorship avoids probate; the entire property passes to the survivor. However, liens against the property survive the death (mortgages, remodeling costs, etc).|||Only his wife and that is only if it was a joint account with her. If account was in his name only, his wife is not liable. Otherwise, no one else is legally liable for his debt. Collection agencies always try to collect from the family but they have no legal rights to get the money from the family.|||It's in his estate. however, if the credit card debt overwhelms the person's estate, the banks should not go after the relatives. Unless, a person from the family signed with the deceased.|||1) The estate


2) Cosigners


3) The spouse, but only in a community property state.





Nobody else, including the heirs, is required to pay the debt. But the bill has to be paid out of the estate before the heirs can inherit anything.|||His estate. And if there are not enough assets to satisfy the debts the creditors cannot come back to relatives. Unless of course someone co-signed an account, for that the survivor would be liable.|||His estate.

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