If my father passed away but the estate did not go through probate, does his credit card need to be paid?

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If my father passed away but the estate did not go through probate, does his credit card need to be paid?

My father passed away 5 months ago. The estate did not go through probate. I called his credit card company to let them know he passed and gave them my phone number. Now I have an estate settlement company calling me I would imagine to collect debts. My father arranged the title to his home to be split 50/50 to my brother and I when he passed. We have yet to have it re-titled in our names. Is the estate liable for this credit card debt even though the estate is not going through probate? Should I wait to talk to the estate settlement company until we transfer the house to our names?

Asked on April 2, 2012 under Estate Planning, Missouri

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  Yes, the estate is liable for the debts of the decedent.  But it seems that the house is not part of his estate, although it remains in his name at this point in time.  Speak with an attorney about the trnasfer.  It really is not fraudulent as there is no judgement and it is not part of the estate but I would like it if I could double check the deed and see how it reads.  If there are any funds that can be used to settle the credit cards I would do it.  Good luck. 


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