Legal Question in Credit and Debt Law in Missouri

Credit Card Debt For Elderly i

My mom is 93 years old, diagnosed with cancer and has credit card debt. What will the credit card companies do if she is unable to pay? Should she file bankruptcy or should we talk to credit card companies?


Asked on 6/03/06, 5:12 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Credit Card Debt For Elderly i

Morally a person should pay their debts. Practically, the credit card companies will not do much to your mother. Unless she has a large bank account, or nonemempt assets, it is unlikely that they bcould collect ajudgmetn against her, if they could get one.

If you mother passes one, a probate estate might be opened for her. This can be done by those who would get property by will or intestacy. It can also be done by the decedent's creditors, but that rarely occurs. Whoever, opens teh estate, the decedent's creditors are to be given Notice and an opportunity to make aclaim for what is owed them. Credit card companies sometimes make aclaim, but rarely come to COurt to prove it up.

You, as a survivng family member, will not owe your mother's debts. That is, if you are not also on the account, or a Guarantor.

As was stated in the beginning, a person ough to pay their debts. You may certainly contact the creditors, but they may not talk to you without your mother's written permission.

Why are you wanting to talk to your mother's creditors? Can she talk to them herself? If she has become incompetent or incapacitated, you may wnat to try to cancel her cherdit cards, so there will be no unauthorised use. That commonly occurs when aperson is moved to ahospital or nursing facility.

Good Luck

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Answered on 6/04/06, 4:15 pm


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