Legal Question in Credit and Debt Law in Virginia
Liability of additional card holder for dead father's debt
I had an additional card on my father's account. I made purchases for him using my card as he didn't get out much. After his death a collection agency is saying that I have to pay for all purchases made with the card in my name. I was not a joint applicant for the card and never signed anything except the purchase slips. The card agreememnt has this clause:
Additional Cards: I have advised Additional ''Card'' applicant(s) that you may obtain, verify, exchange and use information about them in the same manner as described above, that they may be responsible for payment of their own charges if I fail to pay them, and that their own credit records may be affected by non-payment of the account.
What exactly does ''may be responsible'' mean in this state? Also I was never advised of the above since the agreement was sent to my father.
1 Answer from Attorneys
Re: Liability of additional card holder for dead father's debt
These charges should have been taken care of
during the probate of your father's estate(assuming there was one). If the estate has not yet closed, you should refer these collection sharks to the administrator or executor of the estate who is responsible for paying its legitimate debts.
As to whether "you may be responsible" for these residual debts if they cannot be charged to your deceased father's estate, is somewhat unclear, based upon the agreement which you've described, but on the whole, I rather doubt it.
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