Legal Question in Wills and Trusts in California

Credit Card Debt to Estate

A man used a credit card to buy something which cost several thousand dollars for a friend. They agreed that the friend will pay the money back.

But some time afterwards the man dies and the card is discharged in probate. His brother, representing the estate, demands that the friend repay the money plus interest to the son.

But the loan had been discharged and written off by the credit card company, the estate paid no money to the credit card company and the credit card company has no further legal claim to the money.

If the estate paid nothing to the credit card company, the credit card company is the only entity which has lost money.

Can the brother legally collect the money when the credit card company is the only entity which has lost money?

Or should the friend pay the money to the credit card company?

Jim


Asked on 2/11/08, 11:00 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Credit Card Debt to Estate

You asked this before slightly differently. When you borrow money, friend or otherwise, how the lender got the money to lend you does not matter. You owe the debt.

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Answered on 2/12/08, 3:49 pm


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