Legal Question in Credit and Debt Law in Texas
How do I notify debtors of incapacity to pay.
My Aunt has designated me as her executor and I have power of attorney. She recently had a stroke and is committed to a nursing home under medi-cade. She has no assets and now has no ability to pay credit card debt. Is there a legal form to notify her creditors of her incapacity to pay and do I have any liabilities as her executor and power of attorney recepient.
1 Answer from Attorneys
Re: How do I notify debtors of incapacity to pay.
You do not have any personal liability for your aunt's debts, either as her attorney-in-fact or as her executor after she dies.
Simply write to the credit card companies, certified mail, return receipt requested, setting out what the situation is, and that your aunt has no assets or income with which to pay the credit cards. The certified mail is only to make sure that they received the information, if that becomes a question at some future date.
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