Full question:
My mom passed away in December and named me executor of her will and estate. She equally split her assets between my three brothers and me 25% each. She had little in money or assets and a few credit card bills . I contacted them and provided copies of the death certificate at their request. Both said her account would be closed and that would be it. After four months nobody contacted us so we took the assets and split them as my mom directed. I received a letter today from a collection agency of Chase bank saying they want to collect the $663.49 my mom owed. I told them there is no money left and that the bank told me it was okay. The representative told me that was too bad I still owed the money. Do I have to pay?
- Category: Debts and Credit
- Date:
- State: North Carolina
Answer:
When a person passes away, their debts must be settled using the assets in their estate. Generally, children do not inherit their parents' debts unless they co-signed or are otherwise legally responsible for the debt. In most cases, only spouses may be liable for a deceased partner's debts, depending on state laws and the nature of the debt.
In your situation, since your mother had minimal assets and no money left, her unsecured debts, like credit card debt, typically will not be paid. If there are no funds in the estate to cover the debts, they usually go unpaid. Therefore, you should not be personally responsible for your mother's credit card debt unless you were a co-signer on the account.
It’s important to communicate with the collection agency and clarify that there are no assets to cover the debt. If needed, consider seeking legal advice to ensure you understand your rights and responsibilities as the executor.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.