Legal Question in Credit and Debt Law in Utah
Does my mother have to pay the debt of my deceased father?
My father recently passed away (July 24, 2004) and left an unpaid balance on one credit card. My mother's name is not on this account. Is she legally obligated to pay the debt? When he died, they had no money in the bank, no home, basically no assets. She does now have insurance money though.
1 Answer from Attorneys
Re: Does my mother have to pay the debt of my deceased father?
If your mother did not sign on the account, she is not bound to pay, and there is little that he credit card company can do to compel payment, other than harass your mother through collection agencies. When she gets collection calls, tell her to state "I dispute this bill. Send me written confirmation that it is MY obligation. Do not call me, but make all communications in writing." Have her write that to the collection companies. Have her keep a log of the calls. If the collectors do not honor her request, she can sue them under the Fair Debt Collection Practices Act
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