Legal Question in Credit and Debt Law in California
If you die while in debt.
Our 83 year old mother owes several credit card companies a combined debt of 59 thousand dollars. Should she die while owing this amount, what happens to the debt? Can the bank credit card companies seek payment from her surviving children. Our father is no longer living. All debt is in our mother's name only, and all credit card payment have been kept up to date thus far. Her one asset is her home which is paid in full. Does this debt end with her death?
thank you.
2 Answers from Attorneys
Re: If you die while in debt.
You definitely should have your mother discuss her options with an estate planning attorney to protect the house and her equity. For instance, she might consider creating a living trust or putting her house into joint tenancy with one of her children. Creditors can only make a claim (within the time period the law provides) against assets of the estate. Children's own assets may not be required to satisfy a parent's debts.
Re: If you die while in debt.
Her estate (which consists of her house) would be responsible for the debt. The debt does not end when someone dies, unless they have no assets.
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