Legal Question in Credit and Debt Law in Massachusetts

Re: deceased person credit card debt

Your sister's inheritance is the "net amount" that is left over after all of the bills are paid. Her ex-boyfriend's estate will need to be probated to transfer assets to her. The credit card companies, mortgage, etc will have a time limit within which to file their claims.

Re: deceased person credit card debt

If I understand your question correctly,the credit card companies can't bring forth any action against your sister if she was not jointly obligated on the debts of her ex-boyfriend. Further, assuming your sister is obligated on any debts,pursuant to Massachusetts General Laws, Chapter 188, Section 1, an owner of real property has a $500,000 homestead exemption on his or her primary residence within the Commonwealth.

Re: deceased person credit card debt

Your sister should hire an attorney to represent her as executor (assuming she is named as executor in the will). An attorney can take care of the many paper-intensive and confusing procedures required to probate a will in the appropriate family and probate court.

Assuming the will is allowed, she is entitled to the estate, after all valid debts of the deceased and expenses of administration are paid.

I am located in Quincy.