Legal Question in Credit and Debt Law in New Jersey

cash advances
I have a relative dying of cancer. Hospice is taking care of her, however, she is required to have 24 hour care. She has taken cash advances on credit cards to pay for the service - she is not expected to live much longer. She has no children and never married. She has named a nephew as sole heir and her estate is minimal. What are the legal obligations of her family in the event she dies and does not pay back the cash advances.

Asked on 11/15/05, 11:21 am

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

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Re: cash advances

Family members are not automatically responsible for debts of their relatives. The notable exceptions are that spouses have an obligation to care for each other and therefore are usually found to be responsible for each other's medical expenses. Similarly, parents are responsible to care for their minor children. That kind of relationship is not present on the facts that you have given.

Note also that these debts are not medical expenses. They have been transformed into credit card debt. Unless their is a joint owner on the accounts, there would be no liability.

Creditors will sometimes try to collect these debts from family members although there is no such right. Don't believe everything that a disappointed creditor tells you.

Also, don't feel obligated to jump in and administer a bankrupt estate. If there are no assets, there may be no reason to go through the trouble.

Answered on 11/16/05, 1:07 am

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