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Mother passed away had a small trust bills were paid remainer split between 5 children ($2700) Trust closed.

Sacramento, CA |
Filed under: Estate planning

Found another credit card that was in auto pay being paid out of one of the childrens accountsto help out. What to do with the card now she is deceased and it wasn't in the trust

Attorney Answers 4


  1. I am not entirely sure I understand your situation. It sounds like there are creditors, but no assets. If that is the case, I would notify the creditor of your mother's death and the fact that the estate is insolvent. It is possible that some or all of that trust could have been preserved. Since it is now gone, I do not see what the creditor can do, given there is no estate or trust to collect from.

    James Frederick

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  2. I agree with Attorney Frederick, but would add that the Trustee is/was responsible for notifying creditors before distribution(s) were made. The question is phrased as if this autopay card is a brand new revelation; the person making the payment would have known about it right? Perhaps it should have been paid from that $2,700.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mrs. Cook is licensed to practice law throughout the state of California with offices in San Diego County. She is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.


  3. The other attorney's have given good advise. Contact the credit card company, explain the situation. Most of the time the credit card company will work with you to pay a fraction of the amount owed under the situation.


  4. Credit cards are not listed specifically in a trust but the sucsessor trustee has a responsibility to "marshall" all of the estates debts and insure that they are paid off. The credit card company could go after the balance through the account that was assigned to pay for the credit card regardless of how the estate was distributed. If not to burdensome, I suggest that the children pool their resources and pay off the card company.

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