Legal Question in Credit and Debt Law in Massachusetts

Credit Card Obligation after Death

I just received a letter from a debt collector on a credit card I guess my mother had that has a $4,ooo.oo balance. I had power of attorney which is why it was mailed to me , I guess. She passed away on Oct. 23, 2006. I am figuring since its in a debt collectors hands that these charges are quite old. These charges might be from my sister, although I wanted to ask advice before I called the credit card company to see if they could investigate who actually charged these or if there was another name on the account. My sister has done something like this (charge things and then not pay) which is why I would find out information before I approached her. Any advise would be appreciated.


Asked on 4/03/07, 11:34 am

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Credit Card Obligation after Death

The age of the last charge is important, as is the age of the last payment.

If the credit card is named under your mother, your power of attorney ends with her death. You have no power.

Unless you signed individually, you probably do not have an obligation to pay. The other issue is if there is any funds in your mother's estate that could have been subject to probate which can be used to pay off the debt?

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Answered on 4/03/07, 1:54 pm


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