Who is responsible for parent's credit card debt on death?

Question Details:

My mother has substantial credit card debt. She owns no property, however, she is listed on my mortgage but not on my deed. Will this cause problems for me in the event of her death? What happens to the credit card debt if she has no assets and what happens to my mortgage?

Asked 11/19/2009 under Wills, Trusts, Probate | 562 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

credit card debt is governed by contract law. the parties to the contract are liable under the agreement with the credit card company.  if you mother is the party to the credit card and you are not a party, then the creditor is not permitted to obtain a judgment against you and therefore, no of your assets are exposed.  you mother id not on the deed to your home.  therefore, she does not have any ownership interest in the home. the fact that she is a co-signor on the mortgage means nothing.  all it means is that she is liable to the bank if the mortgage is not paid.  I suggest not worrying about this as you are not exposed here.  if your mom has no assets that can be taken she is what is called judgment proof.

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