Legal Question in Credit and Debt Law in Texas
Credit card debt and probate
My mother has substantial debt and my step father recently passed from cancer. The collection agency says Chase bank can force the will into probate and become the executor which means they will get my mother's pension, life insurance and post death benefit. Can the credit card company become the executor of my stepfather's estate and take everything? He doesn't have an estate. There's only a car and furniture.
1 Answer from Attorneys
Re: Credit card debt and probate
These collectors are liars of the first magnitude. While a creditor can seek to collect the debt in probate and can initiate probate proceedings, they very rarely do that because of the expense. Further, only your father's assets are at risk - not anything to do with your mother. The life insurance belongs to your mother by contract, so they can't get that either. When they call hang up - again and again and again and again.
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