Legal Question in Credit and Debt Law in Missouri

My mother died with a lot of debt.

My mother passed away in April. She had a large amount of credit card debt (estimated about $45000.00). She also left a 100+ acre farm to me and 3 siblings. My questions are �1.Are we responsible for her debt? 2. Will the credit card companies take the land to pay off the debt? 3. Should I contact the credit card companies to try to work out a payment plan?


Asked on 6/07/05, 7:00 am

1 Answer from Attorneys
Anthony Smith LawSmith

Re: My mother died with a lot of debt.

Unless they already have a judgment against your mother, the credit card company (CCC) has no interest in the land, and therefore no right to take it. However, if and when an estate is opened for her, the CCC can make a claim for the debt. At that time, the land may have to be sold in whole or part to satisfy that and other debts. It sounds like an estate may ahve to be opened, in order to pass the land to you and yoru siblings. The CCC must be given Notice of the opening of the estate.

This a very general answer based on the very limited facts you have provided. Do not act just on this advice. You could be detrimentally effected. Get specific advice from an experienced probate attorney, who has more of the facts than you have provided here.

Good Luck,

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Answered on 6/08/05, 2:03 pm


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