Legal Question in Credit and Debt Law in New Jersey

Dad Died & Mom is Left With His Credit Card Debt

My dad recently passed away leaving my mom with several credit cards. None of these cards bear her name and she has never signed anything when the cards were set up. Now she is getting nasty calls from collectors. She has no money to speak of.Is she obligated to pay the outstanding amounts on these cards and how can she stop the calls? Thank you.


Asked on 9/30/06, 10:00 am

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: Dad Died & Mom is Left With His Credit Card Debt

As you have described the situation, the debts are the separate debts of your father and only his estate is liable to pay them. If there is nothing in the estate, it is bankrupt, but the creditors cannot collect from her.

She can stop the calls simply by telling the collectors to stop calling. If they continue, they are violating the Fair Debt Collection Practices Act and are subject to sanctions. If that becomes the problem, contact your lawyer or come back here to find a lawyer who can help.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 10/01/06, 10:49 pm


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