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

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


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