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

Asked almost 2 years ago - Sacramento, CA

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. 4

    Lawyers agree

    Answered . 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.

  2. 5

    Lawyers agree

    Answered . 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

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  3. 3

    Lawyers agree

    Answered . 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... more
  4. 1

    Lawyer agrees

    Answered . 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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Estate planning

Estate planning refers to the process in which you decide and document what happens to your assets after you die, by making things like wills or trusts.

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