Legal Question in Wills and Trusts in Louisiana

Credit card debt on deceased father

I had power of atty. for my fathers estate. He had a living trust in place. After his death I used his credit card to take care of some final expenses incured from his death, (travel expenses, etc.). The credit card company froze this account when notified of his death and sent no more bills. I continued to get late notices with charges although I have paid on this account regularly and never at the minimum level. I have gotten threatning phone calls from them. Since I am getting no bills and this account has been frozen by the credit card company (no finance charges, interest charges or late fees) am I not liable for this, and if I am how do I pay it, just send them money? I don't like to do that without a bill.


Asked on 5/11/01, 5:24 pm

1 Answer from Attorneys
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: Credit card debt on deceased father

First, there is no such thing as a Power of Attorney on an estate.

Second, the credit card should not have been used after your father's death. The credit card bill is a debt against the estate. You should consider opening estate administration and then sending a Creditor's Notice to the credit card company. If they fail to file a proper creditor's claim against the estate, their claim could be extinguished.

Third, consult an experienced estate attorney before proceeding.

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Answered on 6/21/01, 6:41 pm


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