Legal Question in Credit and Debt Law in Illinois

Inheriting credit card debt from deceased spouse

My father passed away in October 2004. He left behind enough life insurance to pay for his funeral (with nothing left over) and 2 credit cards totaling about $23,000. My father had no assets. He rented an apartment and the car he used was in my mother's name. There were no savings accounts. Is my mother liable for these credit cards? The collections people keep calling, but the credit cards were in my father's name only, my mother didn't sign the application or have a card to use. It was an individual account. If my mother ignores the collections people, can they legally do anything to her? They want either myself or my mother to make payments but I don't think this is our responsibility. Please help us. Thank you.


Asked on 3/21/05, 5:03 pm

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Inheriting credit card debt from deceased spouse

Your mom could be responsible for charges which are deemed necessities. For instance if your father charged groceries and they were used for the benefit of the family then she might be responsible, or if he used the charge card to pay the utilities then she might be responsible.

There is a possibility that the credit card companies will eventually file suit against your mom and then she will have to respond to the complaint in court.

However in the meantime I suggest your mom send a certified letter to the collection agency demanding that they stop contacting her regarding this debt.

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Answered on 3/21/05, 9:09 pm


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