Legal Question in Credit and Debt Law in Massachusetts

Situation: Mother is 88 yrs, not terrific health but OK. Brother is 63yrs, brain injured in a motorcycle accident at age 19 and very much dependent upon mother. Mother has NO assets, just a checking account on which she lives month to month. Mother fractured her hip and is staying with me (daughter) until, or if ever, she can return to her apartment. It has just come to my attention that incredibly she has accumulated over 40k in credit card debt. If she lived to be 100 she couldn't possibly pay these debts.

Question: Could I be held responsible for her indebtedness?


Asked on 4/05/11, 11:05 am

2 Answers from Attorneys
Daniel Gindes Law Office of Daniel Gindes

Hi:

I assume you never cosigned with your mom,guaranteed her obligations or used her cards In that case don't see how you could have responsibility other than as an executor of her estate if she were to pass away. It would not surprise me if debt collectors called you, but they should not do so since telling a third part about someone's debts is generally prohibited.

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Answered on 4/05/11, 11:23 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

I'm sorry to hear about your situation.

So long as you are not an "authorized user", and did not "co-sign" the debt with your mother, you cannot personally be held responsible for her debts.

HOWEVER, creditors are free to bring claims against your mother's estate in the event that she passes away. To the extent that you are a beneficiary under her estate, and her estate is obligated to repay the debt, you have the right to be concerned over the large sum currently owed. We represent clients in connection with debt collection disputes, and I'd be happy to discuss with you.

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Answered on 4/05/11, 2:19 pm


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