Legal Question in Credit and Debt Law in Missouri
Credit card debt after death
My father recently passed away leaving a substantial amount of unsecured personal credit card debt. Unfortunately, he did not invest in a life insurance policy to cover those debts. My mother, the executrix of his estate, is concerned that she will have to pay those debts but not be able to afford them. My father owned no vehicles, real estate or other significant investments at the time of his death, and has less than $1000 in a joint account also held by my mother.
Is my mother responsible for those debts? What action do we need to take in regard to my father's credit card companies? Is there anything we need to be aware of in regards to this situation?
Any help or advice would be greatly appreciated.
1 Answer from Attorneys
Re: Credit card debt after death
If you were to have any communication with the credit card companies, simply tell them that he passed away, and on what date he did so. They have avenues to pursue if they wish. Unless she was a codebtor on these credit cards, your mother does not personally owe the debt. But, your father's estate might. If no estate is opened for your father, there is no party responsible to pay the debt. The credit card companies can open an estate for your father, but they probably will not.
Good Luck
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