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?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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