Legal Question in Wills and Trusts in Ohio
Durable of Attorney
Is the DOA responsible for a deceased persons credit card debt? The ailing person has no assets and only receives a small Soc. Sec check monthly
Asked on 7/01/09, 9:38 pm
2 Answers from Attorneys
Christine Socrates
Meyers, Roman, Friedberg & Lewis
Re: Durable of Attorney
As POA you will not be responsible for the decedent's credit card debt. After the decedent's death, the credit card debt, since it is unsecured debt, will only be paid by assets in the probate estate. The credit card company will be a creditor of the estate and cannot go after you as POA for the debt.
Answered on 7/01/09, 10:10 pm
Elizabeth Schmitz
Elizabeth S. Schmitz Attorney at Law
Re: Durable of Attorney
As long as you did not sign for anything personally you should not be liable. Make sure you always sign everything with the designation power of attorney.
Also be aware that a power of attorney is not valid after death.
Answered on 7/01/09, 10:55 pm
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