Legal Question in Wills and Trusts in Texas

Responsibilies of Estate Executor

My mother recently passed away and left several open unsecured credit card accounts totalling around $9K (the max. card is $4.5K). Early on I received notice from the C.C. companies threatening to write off the debt and ruin her credit (?!) and now a debt collection company wants to ''settle'' the debt. Their researchers now know she's passed and I'm the executor.

All the these bloodsuckers were taking her for 24% to 29% interest for years. As far as I'm concerned they've been paid well for the money she used and they know it.

After paying for her funeral and other legal fees it comes down to selling or borrowing against her house (it has been paid off for years) to pay the credit card companies. What if I do nothing?

Can they come after me or her estate through me and legally force me me to pay or are the unsecured credit cards just that, unsecured, and its their loss.

Thanks for your advice.


Asked on 3/09/07, 1:28 am

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Responsibilies of Estate Executor

If there are assets in the estate, it is your responsibility to pay her obligations. It sounds like there is equity in the home. If you fail to pay the bills if there are assets, they can place a lien on the house.

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Answered on 3/09/07, 6:06 am
Peter Bradie Bradie, Bradie & Bradie

Re: Responsibilies of Estate Executor

They can bring suit against the estate and, if successful, may be able to force a sale of the house if the judgment isn't paid.

The high interest rates are an abomination, but they are legal.

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Answered on 3/09/07, 10:38 am


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