Legal Question in Wills and Trusts in Arizona
My question is: What happens to credit card debt when someone passes away? Can and do the Credit Card Co. put a lien on the property?
Asked on 11/17/09, 6:08 pm
1 Answer from Attorneys
Donald Scher
Donald T. Scher & Associates, P.C.
No, they cannot put a lien on the property without first getting a judgment. They are a creditor and must make a claim against the estate of the account holder. The estate is liable for the debts of the deceased. You should consult with a lawyer regarding the necessity of probate and how the probate should be handled. There may be a possibility that the debt owing could be compromised by agreement with the personal representative of the estate.
Answered on 11/22/09, 7:55 pm