Legal Question in Wills and Trusts in Missouri
Probate credit card debt
My mother husband, whom she met in 1997 and married in 2000, had failed to pay credit card debt in 1992 for health reasons. The debt was never paid and went beyond the Missouri statute of limitations of 5 years. No bankruptcy was ever filed.
He has now passed away and scavenger bill collectors are attempting to lay claim to what small estate exists when it goes into probate. There are some assets which were solely in his name.
What is her legal obligation to notify them of whom the personal representative is when he/she is assigned and what chance do the creditors have of collecting a debt of this age through the probate process?
1 Answer from Attorneys
Re: Probate credit card debt
It may be that the credit card you describes is subject to the 10 year statute of limitations. You did not indicate when your stepfather passed, or when he made his last payemnt.
If they are a known creditor, she must give them notice of the application for letters. It is rare for a credit card company to fiel a claim, and even rarer for them to get assets or money in a small estate. Unless the debt is large, it is often not worth the cost of pursuing the debt. The attorney handling the estate for the PR can handle this.
Good Luck
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