Legal Question in Credit and Debt Law in California

credit card liability

Do heirs have to pay the credit card

debt of a parent who dies?


Asked on 4/01/08, 9:10 pm

2 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: credit card liability

I am assuming you mean are they legally required, as the terms "have to" are uncertain. The heirs have no more obligation than they would if the parent were alive. The trustee or executor has an obligation to pay the creditors from the estate before distribution to the heirs. But if he fails to do so, then the creditors may go after the beneficiaries up to the amount of the distribution received.

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Answered on 4/02/08, 3:37 am
David Justin Lynch David Justin Lynch & Associates, APLC

Re: credit card liability

Absolutely NO. If someone is trying to get you to pay this, it is a violation of the Fair Debt Collection Practices Act, aand you should sue the bastards

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Answered on 4/02/08, 5:34 pm


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