If my mother passed away and made me executor of her Will, can the credit card companies that she owed make me pay her debt?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my mother passed away and made me executor of her Will, can the credit card companies that she owed make me pay her debt?

Everything was left to me. We had a joint savings account and a car we own jointly. Her home is paid off (valued around $110,000) and she left that to me in a Pay On Death Deed. She has a few credit cards, maybe $8000 worth. My mother is the only person on these cards. Can they put a lein on her home?

Asked on April 4, 2015 under Estate Planning, Tennessee

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  It sounds as if your Mother had no assets in her name alone (all jointly held) except for the house and that was left to you via a Transfer on Death Deed, correct? That deed needs to be recorded now and avoids you having to go through probate.  The debts of your Mother are now the debts of her estate, not you personally.  So if her estate has no assets then no, you do not have to pay it yourself.  I would, though, take all documentation to some one to review just to be sure.  How accounts are held matters.  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