Legal Question in Credit and Debt Law in California
Credit card debt incurred by deceased mother
Hi,
I am being sued by Bank of America for the debt of my deceased mother. I was the trustee for my mother's revocable living trust. Bank of America claims that I did not publish the Notice to Creditor prior to the distribution of the trust property. Therefore, they are suing me as the trustee and individually for the debt of $500 that was incurred by my deceased mother.
Questions:
1. Isn't the credit card debts also die with the deceased credit card holder?
2. Is it true that I have to publish the notice to creditor before I distrubt the trust property?
1 Answer from Attorneys
Re: Credit card debt incurred by deceased mother
The creditor claims do not go away on the death of someone. Their estate is responsible to pay those obligations. The trust probably states that all creditors and taxes are to be paid from the trust proceeds. It is the trustees responsibility to determine who the creditors are, and that they are paid.
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