Legal Question in Wills and Trusts in Massachusetts
Deceased persons debts
A persons mother is 78 years old and has a very large amount of credit card debt. She lives from month to month on her pension check and pays the minimum payment each month. She has no estate to speak of except for furnishing in her apartment. Will her daughter be held responsible for her credit card debts upon her death?
1 Answer from Attorneys
Re: Deceased persons debts
When a person dies, creditors can only collect against assets that are controlled by
the probate estate except for three types of debts: (1) debts secured by collateral; (2)
debts guaranteed in writing by another person; (2) debts jointly incurred by another
person. If your mother's credit card debts were not guaranteed or signed by you then
you don't have to pay them after her death. Her estate will have to pay these debts if
there are assets in her probate estate.
Alan Pransky
Law Office of Alan J. Pransky
20 Eastbrook Road
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