If your sister puts your name down as the second card holder on her credit card and she dies, are you obligated to pay?

Get Legal Help Today

 Secured with SHA-256 Encryption

If your sister puts your name down as the second card holder on her credit card and she dies, are you obligated to pay?

My sister died about a month ago and I’m trying to figure out if I am responsible for her debt. My mom also has her name on another one of my sisters credit cards.

Asked on August 9, 2010 under Bankruptcy Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It depends. If the account is still purely in your sister's name and you are merely an authorized user, then normally you would not be liable for the charges on the account--though in certain circumstances, if the credit card issuer can show that you committed fraud, etc. in relation to the account or specific charges, they may be able to hold you liable.

However, if the account is a joint account or otherwise in both your names, then you would be liable. So if you have any control over the account, or the ability to contact the credit card issuer and obtain information directly from them, you may be on the account and therefore liable.

You need to reference the credit card agreements that your sister and also you signed; you sister cannot make you liable for something without your agreement or consent, so look at anything you signed. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption