Legal Question in Credit and Debt Law in Florida
Who is responsible?
My mother passed away on Dec. 30, 2003. The weeks before she died there were many calls from credit card and collection agencies. We found out that my mother charged approximately $70,000 on about 8 credit card. Herein lies the problem: My Father had absolutely NO idea. Most of the cards list my mother as primary, some my father. After going through her things we found my fathers cards hidden all over the house, never signed, never taken out of the original papers. We have written letters to each agency with a death certificate and also asking for a copy of the original applications, of course my fathers signature was signed by my mother. What can we do? My father is NOT eligible for bankruptcy and we don't feel he is repsonsible for these debts.
Thank you
--name removed--jorgensen
1 Answer from Attorneys
Re: Who is responsible?
If the debts were for necessaries(medical care, food) you father is responsible. If not, it depends on how the application for the card was filled out. Generally, only your mothers' estate, if any, would be responsable for the debts.