Legal Question in Credit and Debt Law in Tennessee
After death credit debt.
My grandmother lived in TN and my father learned after her death (July 14, 2006) that she has a sizeable amount of credit card debt. Who is responsible for paying the debt if anyone and how do we take care of it?
1 Answer from Attorneys
Re: After death credit debt.
You are under NO obligation to pay her debt for anyone after their death unless you are on the account. You need to open or probate her estate in the county where she lived. By doing this,the Clerk will "publish" for creditors for four months. The creditors will then file a claim against the estate. If after the 4 months, the claims exceed the value of her estate, you file a notice of insolvency which gives notices to the creditors that there is no money to pay them. WARNING!!!! if you start to pay these debts yourself, you become liable on them as if you opened them yourself. SO DO NOT PAY THEM. Get an attorney that knows probate law to assist you with this.