Legal Question in Wills and Trusts in Missouri

We live in Missouri. Our mother passed away and left her house to her 3 sons by means of a beneficiary deed. There is maybe $45,000 in equity on the house. She owed a total of about $18,000 in credit card dept (11,000 on one card, $5,000 on another, few smaller balances also). Life insurance barely covers funeral expenses. She has no other funds besides about $1000 we are using to keep utilities on. We are not opening probate because there really isn't anything of monetary value besides the house. Can the credit card companies put a lien on the house or force us to settle the balances in any way? I've been told they can open probate. Is sending the creditors a death certificate all we need to do?


Asked on 2/21/11, 10:49 am

1 Answer from Attorneys
Anthony Smith LawSmith

The creditors may be abel to open an estate for your mother. Credit card companies seldom do this. If they do, and obtain a judgment agaisnt the estate for the debt, it iws not entirely impossible to imagine they might get alien agisnt at least oart of the equity in teh house. But, that seems even less likely than their even trying to open an este for jsut a $11,000 debt. If any of you use any of the credit cards, after her heath, you could possibly tie up the other's interest in the house. If you sent a copy of the death certificate to a creditor, you've done more than you are required.

Good luck

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Answered on 2/22/11, 12:20 pm


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