Probate - debt
Question Details:
My Mother died 9/9/09. She had a discover credit card with a balance of $2100.00. Discover probate dept is asking for pay off. What to do??
Wills, Trusts, Probate Law Answers
I am not admitted in Oklahoma. I am sorry for your loss.
Unless you are a joint account holder on the credit card you do not have to pay it off. The decedent's estate is responsible to pay the debt.
Ask the Discover people, in writing, for a copy of the credit card agreement with all signatures. If these is no estate then send them a copy of the death certificate. If, however, there are estate assets to pay the debt the personal representative of the estate has the obligation to marshal the assets and debt and to pay the debt from the assets.
Seek legal help in your area. Good luck.
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