Legal Question in Credit and Debt Law in Michigan
Will an existing debt fall back onto the estate of a deceased?
My father has a credit card balance of $22,000 or so. When he passes, which may be soon, what will happen to this debt? He is married to my mother, her name is not on the card however. There home still has a mortgage on it. Thank you
2 Answers from Attorneys
Re: Will an existing debt fall back onto the estate of a deceased?
The credit card companies will attempt to use any assets in the estate to pay off the debt. Nobody else becomes liable or responsible for the debt, but your father's assets can be used to pay it off.
Your father should set up a living trust so that his assets will not have to go through probate court.
Re: Will an existing debt fall back onto the estate of a deceased?
If you father has a probate estate, creditors will be paid after certain other expenses, such as administrative and funeral expenses. The house should be safe from creditors if it is both of your parents' names.
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