Legal Question in Credit and Debt Law in Texas

Debt owed upon death
My mom recently died without a will. My brother, sister and I are the only heirs to a very small estate (small house, a few investments). My sister lived with my mom many years, and their finances were intermingled in the last few years, especially after my mom developed Alzheimers. I've just discovered that my sister has run up at least $32,000 in debt on mom's credit cards. I have three questions: 1)I've been told that since we are named beneficiaries on the investments, they don't have to through probate--is this correct? 2)What happens to the credit card debt--is it written off or must it be paid from the estate before any money comes to any of us? 3)Is it possible that my sister could face fraud charges for signing my mom's name on credit card purchases?

Asked on 10/27/06, 6:59 pm

Peter Bradie Bradie, Bradie & Bradie

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Re: Debt owed upon death

1. Correct.

2. The debts must be paid from the estate before any money goes to the heirs (exclusive of the money that passes outside the estate; see #1.)

3. Quite possibly.

Answered on 11/02/06, 7:05 pm

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