Legal Question in Credit and Debt Law in Idaho
Credit card collection after one's death
My grandmother recently passed away. She did not have an estate, and a probate was not filed. She was not married. There was not a will and no one had power of attorney. She did have a single wide trailer home worth about $10,000 that is now in my Cousin's name and a car worth about $200.00, which is also in my Cousin's name. I have always been under the impression that credit cards are an unsecured debt and that the only way they are able to collect after someone's death is through probate. She had about $15,000.00 in credit card debt. Can someone please tell me if they can make someone else in my family pay her debt. Also,she was the only one on the credit card account.
1 Answer from Attorneys
Re: Credit card collection after one's death
Probate should have been opened to transfer title of the assets. Her assets should have been sold to pay her bills. It is possible that those who took the assets could be forced to pay the value of those assets if the creditors sued.
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