Legal Question in Wills and Trusts in Indiana

Estate House sale

My mother, who just passed away, had a large credit card debt that I have been paying for her because she could not afford to. My sister was made executor and is susposed to be paying the bills but has not paid this bill yet. Should I keep paying or revert the bills back to the credit card company and tell them to contact her? Also is there a time limit to settle an estate?

Thank You Very Much


Asked on 6/28/01, 4:02 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Estate House sale

If you are neither a co-signor nor a beneficiary of the credit card (that is, you didn't use it for your personal benefit) then the credit card company must file a claim against your mother's estate. Your sister has a limited amount of time, depending on the state where the estate is being probated but usually less than 180 days, to open the estate. When she opens the estate, the creditors - including the credit card company - are notified, then the creditors have a limited amount of time to present their claims. If they fail to present their claims, they lose. It is not possible to predict how long it will take to settle an estate because of all the disputes that might arise. But the process of opening and starting the administration is very specific. Speak to your sister's probate attorney for more specific information. You should not make any further payments unless you are personally liable.

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Answered on 7/02/01, 6:28 pm


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