Legal Question in Credit and Debt Law in Tennessee

Re: understand better

Don't let the credit card people terrorize you.

The mere fact that your mother put your name on, and that you picked up some packages for her when she was physically unable to do so, does not make you liable if you did not sign an agreement to pay the debt.

There may, however, be special circumstances which could make you liable.

I suggest you speak to a lawyer about the problem. If you cannot afford a lawyer, ask Legal Aid for help. Bar associaitons also normally have a panel of lawyers willing to work for reduced fees.

The credit card people may be guilty themselves of violating the law in their collection efforts.

Regarding your house: If your mother owed debts when she died, those debts must be paid before her heirs receive her property. Therefore, if you inherited the house, you could be liable for the debts. That is a long way from taking the house away from you, though.

Good luck!

Re: understand better

Did you sign credit card slips and did you have a credit card of your own on her account? Even so, I don't think you are directly liable for any of those expenditures. Their attempts to collect from you and lying to you about your liability (responsibility) are violations of the Fair Debt Collection Practices Act and they could end up owning you some money.

However, if you inherited from your mother THROUGH PROBATE you are probably liable for her expenses, at least for the necessities of what she bought, if not all of it. Were there other heirs? How much money does the CCC claim is owed? Are you being talked to by a creditor or by a collection agency of some sort? Do they have back up details to show you? Are they calling you by telephone or just writing to you?

If the house had your name on it before she died, it probably didn't pass to you through probate. If it was put into a trust before she died also, it would not have passed to you through probate.

How much are the bills? How much is the house worth? How much is your share of the house worth?

Send me answers, to [email protected] and I'll see if I can give you any further steerage.