Legal Question in Credit and Debt Law in Pennsylvania
Good Afternoon,
My 85 year old mother lives with me and has no assets or savings. She does have considerable credit card debt and we live in PA. Am I responsible for her credit card debt when she dies? If so, is there a legal document that I could obtain to release me from this obligation prior to the inevitable?
Thank you so much for your time and help!
1 Answer from Attorneys
You are not responsble for your mother's credit card debt UNLESS you were a co-applicant or you otherwise signed something making you personally responsible. There is no legal document to release you as you are not responsible.
When the inevitable occurs, if your mother has no assets that would justify probate, I would make a copy of her death certificate and write to every creditor who sends a bill and advise that your mother had the account but has passed away (send a copy of the death certificate), and that she had no assets and that the estate does not justsify probate. If the creditor want to pursue it, they can open an estate, but if there are no assets, they won't.
If probate is warranted (if your mother did have a house, money in the bank or other assets), the personal representative would have to give notice to the creditors to file their claims. If there is not enough money, claims are paid in order of priority. For example, certain funeral expenses, administrative expenses (probate fees, etc.), and medical expenses are paid well before credit card companies, so they are not going to get anything if there are few assets.