Follow
Share

We live in Missouri and Mom recently passed.We are getting late notices on credit cards and the bank account has been put on hold. Do we pay the cards out of pocket or wait until the estate funds are released and the Executorship is established?

This question has been closed for answers. Ask a New Question.

24 Answers

Most
Helpful Newest
First Oldest
First
The deceased estate pays off the debt, BUT THIS IS NOT ALWAYS THE CASE.
Helpful Answer (0)
Report
Now is the time to visit with a Probate Attorney in your state. State law sets the rules for enforcement of debts against a decedent. Timing may be important If there are mortgage payments due on a piece of real estate. But credit card debt is a very different story. You need the advice of a Probate Attorney in your state who can explain the time line for estate settlement.

State law could provide your Mother's estate with protections that put the burden on the credit card companies to prove a debt is actually owed. If you try to make contact with your Mother's creditors yourself, you will likely set yourself at a disadvantage. Without the representation of a Probate Attorney, you won't really know what you are doing.

In my state (Massachusetts) survivors have conceded substantial amounts of money by charging ahead without legal representation. Many survivors never realize they have wasted substantial sums from an estate, until after making the mistake of proceeding without the advice of a Probate Attorney. Only a Probate Attorney in your state is competent to advise you.
Helpful Answer (0)
Report
I would go the estate route, and make sure the creditors are notified that she's passed! I don't think you're liable for her debt---if there's not enough in her estate to pay for all of them--I believe the executor can file bankruptcy or whatever --you might want to contact a lawyer. Wait for the estate!
Helpful Answer (0)
Report
Credit cards are unsecured debt. All you should need to do is notify the CC companies of her death and send them a death certificate. They will just close out the accounts.
Helpful Answer (0)
Report
My mother's house was signed over to the children years ago. She had life residency (?) and lived there many years until we applied for Medicaid so she could go into a nursing home about 3 years ago. She owned nothing, her income of social security and a small pension went directly to the nursing home. (Medicaid will get some of the money from the sale of the house, I believe, when we do that in the future. I am not handling that, so I really don't KNOW if the credit card company can attach a lien.) So - when Mom went into the nursing home, she had no property and no income, her social security and pension went right to the nursing home except for $50 a month for haircuts, etc.... I stopped paying on the credit card. I had to. There was no more money. I sent them a letter saying she was in the nursing home, was unable to pay on the credit card any more, and they (credit card co.) could not touch her income.... When she died, I sent a copy of the death certificate. I haven't heard anything since... They did send a bill as usual after she went into the nursing home, and I did get a letter from some bill collection agency. I was told by everyone I asked that I should ignore it. It was not MY credit card account, and if Mom's credit was going to be ruined, well, she didn't need it any more, being deceased and all!
Helpful Answer (1)
Report
Make absolutely sure you HAVE to pay these debts before you do!!!!!
In many cases - if your name was not on her account or if there will be no money left in the Estate - you are off the hook. And don't feel sorry for the credit card companies. If you don't have to legally pay these, DON'T.
Helpful Answer (4)
Report
NO NO NO and NO.

Any payment you make can be taken by the credit card company as your internet to pay off the debt. If the credit cards are in your mother's name, wait until the estate has been settled, let the credit card companies put their claims in & they will get paid from the money in the estate. You can let the credit card companies know that your mother died---they may require the death certificate--but do not let them bully you into paying anything. It is not your debt & you are not responsible for paying it.
Helpful Answer (4)
Report
I called my moms Visa card - somehow they we able to verify her death on-line and did not require a death certificate. They removed all fees and interest and told me to pay it at my convenience. Of course my moms card was held by Wells Fargo and they are trying so hard to make up for their latest fiasco you could pee in their lobby and all they'd do is ask you if you need a tissue. The attorney I'm using did advise me to pay off any of moms bills to avoid any claims against the estate and slow down probate.
Helpful Answer (0)
Report
If there is Probate credit card companies(and other creditors) have a set time to submit a claim or else they are out of luck. The executor for any claims can accept or reject them. As mentioned some credit card companies will write off the debt. Well, not really, other credit card holders will pick up the tab, through higher interest rates and other fees.
Helpful Answer (0)
Report
Riadams

That was nice of them to do
Helpful Answer (0)
Report
My mother in law passed and she had credit cards we didn't know about. But everyone of them closed the accounts and actually settled with us less then what so owed.
Helpful Answer (0)
Report
You dont have to pay anything off tgat was left by your mom.Change tge house into your nane.Thet can not come after you if you are the debter.
Helpful Answer (0)
Report
I'm in Indiana. I had an attorney, and as soon as the court made me executor, i could set up a new acct at my Mother's bank, and it was called (name) estate acct. Then the first thing was to pay off all outstanding bills, and after the taxes were payed/refunded....they could finish with the inheritance. (still waiting on that tax refund which was filed many many months ago....My Mother passed in March of 2015.
Helpful Answer (0)
Report
I'm sorry for your loss. Do not pay the bills out of pocket unless you're part owner. Please be sure to send death certificate for your Love ones file to be updated. Take care of yourself
Helpful Answer (0)
Report
We just notified each account that was only in her name and sent a copy of the death certificate. They said they'd wait 6-8 months to see if there was an estate opened which there wasn't and they closed the account. My dad or any family didn't have to pay them off which was a huge help since my dad need lots of care and doesn't have much money. Sorry for your loss.
Helpful Answer (0)
Report
The first thing you need to do is communicate with the creditors about the death of your mother. (I am sorry for your loss). Try to negotiate a stop on the interest charges until the estate can pay the debt. If that doesn't work enlist the aid of a consumer credit counseling to negotiate smaller payments with smaller interest rates. The most important thing is to communicate with everyone she had debt with and some may forgive the debt.
Helpful Answer (2)
Report
You really should talk to an attorney about this. The estate may be responsible for paying off bills before the remaining monies can be divided out to the heirs.I agree to notify the credit card companies--
Helpful Answer (2)
Report
When my mother passed away, I sent all her creditors a copy of her death certificate, they in turned closed her accounts. I was not responsible for any of her bills since my name was not on any of them..hope this helps
Helpful Answer (6)
Report
Don't use your own money to pay the bills.
Helpful Answer (3)
Report
Is there a question about who is the executor? Are there funds from your Mom's estate sufficient to pay this and all other bills? Personally, I would NOT opay thme unless I was the executor, and knew there would be sufficient funds to pay me back. Send a letter to the credit card company, attach a photo of the death certificate (let them ask for an original) and a copy of the newpaper obit if there is one. Tell them the estate is frozen til it goes through probate. and hold on to any response. Actually, if you aren't the executor, this isn't your job. But since she lived with you, you may want to make it easier for the executor. Concolences on your loss.
Helpful Answer (0)
Report
My dad recently passed in June and i informed the credit card companies. They closed his accounts and waited for estate money to be finalized for me to pay them off. Some of them just wrote them off. Some of them sent condolence letters. So with my experience when I let them know what was going on they were very understanding and compassionate.
Helpful Answer (3)
Report
When I informed the Bank of My Mother's death, I needed to produce a death Certificate as well for authenticity, otherwise as Judge Judy often says WORD OF MOUTH " THATS HERE SAY "
I'd suggest if You are in that position where You can pay off Your Mom's credit card debth do so without delay..and be sure to get a letter from the Bank stating that You paid off the amount so You can give a copy to the Executor to claim that money back. In My experience if You allow the Bank to get their claws into You " They'll draw blood.
Helpful Answer (2)
Report
As GardenArtist mentioned, you can pay them off if you have the funds. Either way,notify them of the death. If they're understanding, and ironically,some of them are they'll close the account and stop interest charges. They could also, credit interest charged before being notified of the death

If it goes the Estate route, they'll have a certain amount of time to file a claim against the estate. which in Missouri is 6 months. You should check to be sure the 6mths is either from the date of death, or when someone is appointed executor(ix). That person, then will either accept or reject the claim. If it is rejected the CC company may right it off, though in rare/ some instances they could sue. Be sure to check how Probate, paying of debts, etc is handled in Mo, because, again, each state could be different.

I'm sorry for your loss.
Helpful Answer (0)
Report
Who is Executor (or Personal Representative as it's called in some states)? Have you opened a Probate account yet?

If (a) the heirs are just you and your family and (b) there is no friction about division of assets and (c) you can afford it, I would pay the credit cards now to avoid accumulation of interest.

If these conditions don't exist, you may have to wait until the documentation is in place, then pay the cards off from your mother's estate's assets.

But in the meantime, do notify the credit card holders so that they're aware of your mother's death and don't make a determination that payments aren't being made for any other reason.

However, please read the Fair Debt Collections Practices Act, (google Fair Debt Collection Practices Act 15 USC 1692) so that you DO NOT admit liability for the credit cards (unless you already have that liability - that depends on how the accounts are titled).

This is a good place to become familiar with the FDCPA:

lawcornell edu
Helpful Answer (3)
Report
This question has been closed for answers. Ask a New Question.

Recent Questions


Popular Questions


Related Questions

Ask a Question
Subscribe to
Our Newsletter