Legal Question in Credit and Debt Law in Missouri
Credit card debt
My mother just passed away and has a trust for her estate. She passed leaving a 13K credit card debt with no liquid assets to pay this debt. Can I send a death certificate to the credit card company and state that the debt cannot be paid?
1 Answer from Attorneys
Re: Credit card debt
If all of your mother's assets were actually owned by a trust, then it appears that there would be nothing in a probate estate. You are not responsible for paying your mother's credit card debt, unless you signed for the card or you are the trustee of the trust and the trust requires you to pay her debts. You can advise the collector of her death, but you don't have to do so. Often this simply gets them to leave you alone. The creditor can always open an estate in the probate court and try to discover assets owned by your mother and then collect agaisnt any they find.