Legal Question in Wills and Trusts in North Carolina

Why is your mother liable for any of the credit card debt? Or mortgage debt? You mother should see a probate lawyer and look into claiming an elective life estate in the house. As for the credit card debts, she is not liable for those unless her name is on them. You do not indicate what probate assets there are. Your father's estate, if there are probate assets would be liable for the credit cards, but other expenses take priority, including the yearly allowance paid to your mother.

Back to the house, if she cannot afford to keep the house, has she considered selling? What's it worth? Is there substantial equity in the home? What about a reverse mortgage?

Bankruptcy is not necessarily the way to go for a 73 old woman. Is she going to be needing credit? I don't understand why she would need to file at all unless the home is taken in foreclosure and she would be liable for the mortgage and the bank sues for deficiency. The credit cards can sue her if she is a named applicant, but at her age, I assume that she gets Social Security and maybe a pension or other retirement. All of that is exempt from execution. I don't know what other assets she has but if these would all be exempt then I don't see why she would bother to file bankruptcy.