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?

UPDATED: Apr 4, 2015

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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


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

Answered 7 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. 

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