Legal Question in Credit and Debt Law in Colorado

Deceased family member's credit card debt

My father lived with my sister (his legal guardian and conservator)until April 1999. After he moved out of her house, they had no contact. He recently died. He had credit card purchases during the time he was living with her, and none after he moved out. She was responsible for managing his finances and paying his bills, at least while he was living with her. Since then I have paid his bills. A collection agency wants me to pay credit card debt accumulated while my father was living with my sister. Almost all of my father's income went to pay for a nursing home, as well as for his funeral. His ''estate'' was a small life insurance policy. Am I responsible for my father's credit card debt from when he was living with my sister (his guardian and conservator)? The collection agency implies that his ''estate'', not my sister, is responsible for paying his credit card debt. I could use the life insurance to pay a portion of the credit card debt, but am wondering if I am legally obligated to do so. Do I have any legal obligation to pay any of his credit card debt?


Asked on 3/25/03, 6:19 pm

1 Answer from Attorneys
Roger Johnson Roger D. Johnson, P.C.

Re: Deceased family member's credit card debt

You, individually, are not responsible to pay your deceased father's debts. Your father's estate is responsible to pay valid debts incurred by or on behalf of your father, unless some valid defense exists - such as the statute of limitations - generally, 6 years in the case of a credit card.

You should determine the identity of the beneficiary of the insurance policy. If the beneficiary was one or more named individuals, in my opinion, none of the named beneficiaries has an obligation to use the proceeds of the policy to pay the debt; alternatively, if the estate of your deceased father was the beneficiary, for whatever reason, then the personal representative probably has an obligation to pay the debt before distributing the estate.

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Answered on 4/09/03, 12:58 pm


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