What to do about credit card debt and an estate?

UPDATED: Oct 6, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 6, 2013Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do about credit card debt and an estate?

My mother recently passed away; she willed the house which was solely in her name to my father with life estate interest. He is to be able to live there until he is unable, then when the house is sold the proceeds are to be put into a trust according to her will. They have substantial credit card debt. I am aware of only one of the cards to be in her name. Being that there is no other assets other then the house, will the credit card dismis the debt?

Asked on October 6, 2013 under Estate Planning, South Dakota


Gregory Abbott / Consumer Law Northwest

Answered 9 years ago | Contributor

Not likely - before your mother's estate can pass anything on to anyone, it must pay her legitimate debts.  If she was on one card then her estate owes the balance due on that card.  Whether she may also owe on any of the other cards, even though her name is not directly on them, is a question a local attorney needs to sort out.  If there are no other assets or other way around it, the house may have to be sold to satisfy the debt.  You need to see an attorney before proceeding.

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 lock Secured with SHA-256 Encryption