Legal Question in Wills and Trusts in Missouri
Credit Card Debt
My mother has passed away. She does have money in retirements & a home that has a small balance. She also has credit card debt. I'm trying to find out if I have to pay the credit cards off.
2 Answers from Attorneys
Re: Credit Card Debt
If the assets are going to need to be probated, there is a six month claim period during which creditors can file claims against the deceased's estate. More often than not these claims, if made, can be defeated. If you would like help in prbating the estate, please feel free to call upon me.
Re: Credit Card Debt
You are not personally liable for the payment of your mother's credit card debt, unless you co-signed the credit card applications. However, it sounds as if it will be necessary to open a Probate estate, and the creditors can file their claims inthe probate court to be paid out of probate estate assets.
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