Legal Question in Wills and Trusts in Nebraska
Decedent's credit card debt
In Nebraska, if real estate is jointly titled, and one of the owners dies with outstanding personal credit card debt, can the creditors attach liens to the real estate (in this case the decedent--name removed--primary residence) to resolve the outstanding credit card debt?
Can this situation be avoided by removing the credit card debtors name from the property title before death?
2 Answers from Attorneys
Re: Decedent's credit card debt
Sorry, but I am not admitted to practice law in Nebraska and cannot answer this question.
Re: Decedent's credit card debt
Credit card lenders will have a claim against the estate of the deceased. If the creditors are not paid from other assets in the estate, then they have a right to collect against the real property owned by deceased. If deceased had transferred title to the property 3 years prior to death, creditors would have no rights against the property. Less than 3 years and there may be some liabilities. You need to consult an attorney with all of the facts if you have not already done so.
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