You are here:

Collections Law/credit card responsibiity

Advertisement

Expert: - 5/14/2010


Question
My mother has a credit card with charges, we share a checking account as she is unable to write her checks herself.  I don't have a credit card only a debit card and I need to know if I'll be responsible for her credit card debt when she passes away.
I don't have the funds to cover her debt so what happens?  Does the credit card company clear her debt upon receipt of her death certificate?
I live in California and am her only heir by her Will. There is no financial inheritance to speak of.  As a matter of fact I believe that I have to return her SSI check if she passes away in the beginning of the month reguardless of the bills she has.
I'm quite concerned on this issue as I don't have any idea what will happen.
Thank you very much for your help!

Answer
Gail,

You are not necessarily responsible for your mother's debts. When she passes, the creditors can go after her estate to seek compensation. My only advice would be to make sure that you do not co-mingle funds with her SSI check. I would have her check go to a separate account from yours.

Chris Ebert
http://www.henleycreditlaw.com

Collections Law

All Answers

Answers by Expert:

Ask Experts

Volunteer

Chris Ebert

Expertise

I can answer questions for Texas and California residents concerning issues that involve creditor and debtor rights. Specifically, I can answer questions concerning: FDCPA, FACTA, FCRA, and Texas / California state collections violations.

Experience

For the last 6 years I have worked as a Sr. Paralegal in a law firm (http://www.henleycreditlaw.com) that defends debtors against their creditors. I have reviewed thousands of credit reports and under the supervision of our attorney helped hundreds of client resolve their credit issues.

Organizations
Henley & Henley, PC

Education/Credentials
BBA University of Texas at Austin

©2012 About.com, a part of The New York Times Company. All rights reserved.