Legal Question in Credit and Debt Law in Pennsylvania
a friend of mine had her mother pass away without a will. Is she liable for any credit card debt?
1 Answer from Attorneys
No, not unless your friend was a co-borrower.co-signer or otherwise agreed in writing to be financially responsible for her mother's debts. Your friend's mother's estate (yes there is an estate even if there is no will) is liable. Whether an estate would need administered is a different issue and would depend on what the mother owned, how it was titled and if there are probate assets. Assuming there are no probate assets and no probate estate to administer, and that your friend is not liable, then she simply sends a certified letter, return receipt requested, to the mother's creditors. She advises that her mother had the account (identify it), that mother died (attach a copy of death certificate), that friend is not financially responsible for mother's debts, that mother has no probate assets and an estate will not be opened and that creditor simply needs to write off this account. Ask for creditor to indicate what action they plan to take as well.
I cannot ethically discuss your friend's particulars with you. I have based my answer on PA law. If the mother lived elsewhere at the time of her death, then your friend needs to talk with a probate attorney in the state where the mother lived at the time of her death. Even if mother lived in PA, friend needs to go consult with a probate attorney to see if an estate needs probated in PA. This is a probate issue not a debt collection issue.