If my mother passed away with credit card debt, how do I stopher creditorsfrom trying to collect from me?

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If my mother passed away with credit card debt, how do I stopher creditorsfrom trying to collect from me?

There is no real property or funds.

Asked on August 7, 2011 Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First of all, children do not inherit debt.  This does not mean however that your mother's creditor(s) has no recourse.  Whether or not your mother had a Will, she probably had an estate, no matter how small. Accordingly, any assets that she left would need to be used to pay off any of her debts (now debts of the estate). If her assets were not enough to cover her debts, they they will extinguish as a matter of law (i.e. they will just terminate). Beneficiaries/heirs cannot be held personally liable for these sums; that is unless they co-signed or otherwise agreed to be legally responsible for them.


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