Legal Question in Credit and Debt Law in New Jersey

Mother Died and I have debt collectors calling

Mother passed and she has about 20,000 of credit card debt. She did have a house, but there is 130,000 left on the mortgage. The house is in bad condition. I will try to sell before foreclosure. If foreclosure what happens to the debt? They asked about her life insurance policy. Can they take that?


Asked on 7/14/09, 10:58 am

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: Mother Died and I have debt collectors calling

You may be causing unnecessary grief for youself by trying to work this out without help. If there is equity in the house, then there is likely sufficient assets in the estate so that you can engage the services of a lawyer who handles estate matters.

If there is no equity in the house, the estate has another problem that will require a lawyer. The mortgagee is not going to be happy with a sale where it takes a loss and will interpose its own requirements. So, whoever is handling the estate needs to be very careful not to do anything that would result in becoming personally liable for anything.

The availability of life insurance proceeds to pay debts depends on who is the beneficiary. If a person is named as a beneficiary, the policy proceeds pass outside of probate and are not subject to ordinary debts. They are subject to taxes, however.

My firm handles matters of this type, however the efficiencies in this matter may be influcenced by your lawyer's location. (You did not give enough information for me to tell if our Burlington County NJ office can help.) If I can be of further help to you, call or email.

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

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Answered on 7/14/09, 11:43 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Mother Died and I have debt collectors calling

As the other attorney said, you need a good estates attorney. I can refer you to a good one. Call me at 732/247/3340 to discuss.

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Answered on 7/14/09, 12:10 pm


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