Legal Question in Credit and Debt Law in Alabama
Debts upon death
My mother just passed away owing credit card debts totaling over $50k. What legal ramifications does my sister and I have. Mother owns an old truck, a old van and an old mobile home. No debt on those items. She had no will, a a very small life insurance policy that we had to use to bury her with. Mother possessed nothing else. Please help.
1 Answer from Attorneys
Re: Debts upon death
Unless you or your sister, signed a contract agreeing to be bound by your mother's credit card debts, you are not liable. The credit card companies could make a claim against your mother's estate, but right now, there is no estate. If the title to the vehicles can be transferred to your and your sister's names without Letters of Administration, you will have title to them, and the credit card companies will be out of luck. If you need Letters of Administration, you or your sister will have to apply to the Probate Court for Letters of Administration, and at that time, the credit card companies could make a claim against the estate, and possibly, take the vehicles.
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