Find Senior Care (City or Zip)
Join Now Log In
L
lisa54 Asked April 2013

Who is responsible for credit card debt, after my mom passes away?

My mom has a credit card & then got a card in my name, so I could shop for her. She did not add my name to acct. (I cannot make any decisions, as in change address, increase credit limit, etc). I called the bank & they said I was not responsbile for her debt after she passes away. Just wanted to get some outside "input".

EXPERT Ralph Robbins Apr 2013
The estate of the deceased is responsible for any debt incurred by the decedent.

JessieBelle Apr 2013
BTW, I wasn't insinuating you would do that. I should have been more clear there. I have just heard of people who had done it. It seemed a sad thing to do both to the relative and to the credit card company.

ADVERTISEMENT


JessieBelle Apr 2013
:)

Lisa, when I reread my answer, I thought I'd better add that. My brain skips over things sometimes when I'm talking or writing. I realized I sounded like I thought you might do that. I didn't. I don't even need to see the receipts. :D

lisa54 Apr 2013
She's in NV. Yes, I will call the bank to re-confirm my name is not on the acct. The bill comes only in her name each month. My husband thinks cuz I'm POA, that I may be responsible, but that just means I have authority to make medical decisions, pay bills from her checking. She has no assets as she sold her home in So.Cal. years ago. Finally had to cash out of her stocks as she needed the $$$. I'm not too worried about it. Just enjoying every day I get to spend with her! I've been so blessed to have such a wonderful, loving, caring mom!

JessieBelle Apr 2013
The creditors will be paid from the estate. I used to be comfortable saying if there is no money in the estate, creditors have to absorb the loss. Now with the confusion of filial responsibility I am not as sure if this is true in all states, but I believe it is.

If you have a card, but your name is not on the account, you should not be held responsible for her debt. The only exception I can think of for this is if the card was used to buy things for yourself when your mother's death is imminent. That could be considered fraud, so they could conceivably try to recover the money. Yes, it does happen that relatives have spending parties on credit cards when they think no one will have to pay. I don't know how credit card companies handle this, or if they just accept the loss.

lisa54 Apr 2013
Thanks for both your answers. My mom won't have an estate, as she is short about $1K/monthly for her assisted living retirement home (which my bro & I kick in to help). She only has SS & 2-pensions coming in every month. RE: the credit card Jessie trust me when I say, I've never used her card for myself. Whenever I take her out to eat (which is only a couple x month), I pay. And I have every receipt from walmart, walgreens (her necessities) to proove that. Your answer was great btw!

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter