If my wife’s sister passed away leaving $10,000 in credit card debt, can the credit cad companies attach a lien on her house?

UPDATED: Dec 14, 2011

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: Dec 14, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my wife’s sister passed away leaving $10,000 in credit card debt, can the credit cad companies attach a lien on her house?

Asked on December 14, 2011 under Bankruptcy Law, Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your wife's sister passed away owing a $10,000 credit card debt, the credit card company assuming it wants to be paid must make a creditor's claim upon the estate of your deceased sister-in-law through any probate or administration proceeding (if there is a trust or no Will of the sister-in-law).

Either the estate approves the claim in full or in part (and there is a payment from the estate's assets) or it is not approved. If not approved the creditor must then file a lawsuit against the estate assuming the creditor's claim is filed timely.

The only "lien" that can be attached to the sister-in-law's home is if there is a judgment against the estate resulting from a lawsuit concerning the credit card debt. I suggest that you consult with a Wills and trust attorney further on the subject that you have written about.

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