If my father passed and he made a Will but there is no estate set up, what do we do with his debt?

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If my father passed and he made a Will but there is no estate set up, what do we do with his debt?

My father passed away and he had one credit card that has a balance on it. My mom was a co-signer on the card, is she responsible for his debt even though he did not set up a estate?

Asked on May 7, 2012 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  If your Mother also signed the application for the card (and signed is a loose term these days with the internet) thenyes, she is aresponsible for the debt.  If she is merely an additional card holder she is not responsible.  The Will may need to be probated if there are assets that he held alone.  I would ask someone in the area who can take a look at what is left to guide you bettter.  Good luck.


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