Legal Question in Credit and Debt Law in Texas

unsecured credit card debt after death

My Mother recently passed away (Oct 2007). She had quite a large amount of unsecured credit card debt. I am her daughter (and executor). I am getting calls from all the creditors demanding payments. The will was not probated since there was no real estate or valuables. My Dad is deceased as well.

The collections companies are threatning to open an estate and sue for the amounts owed.

My question is this...my Mom did have a life insurance policy that we (my brother and I ) placed in an account in a CD in our names only. My Mom's checking account has been closed. Are we responsible for paying these credit card debts and can they force us to use our Mom's life insurance to do this?

Thanks for any help...


Asked on 3/05/08, 11:12 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: unsecured credit card debt after death

In my opinion creditors cannot collect ...and they could file for probate...but still could not collect as there are no assets, right?the Life Insurance is not part of the estate...

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Answered on 3/05/08, 2:30 pm


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