I need to understand MA laws RE: paying or not owing outstanding credit card DEBTS OF DECEASED.
My mother died suddenly Oct 31, 2019.
3 weeks later a letter from Phillips & Cohen collection agency was sent to my mothers ESTATE, c/o my fathers name, asking my father to pay off my mothers credit card balance, $6250.62. This credit card was ONLY in my mothers name.
My mother Did have a Will that left everything to my father. She did NOT however, have Any Life Insurance. She did Not own a car. She didnt have any stocks or bonds or anything like that.
Their saving & checking accounts were JOINT. They owned a home jointly. She received Social Security checks monthly, as does my father.
I need to know ASAP if the law in MA states that My Father is Obligated to pay off my Mothers 6,000 singly-owned credit card debt with the little bit of money he has left to live on... that was Jointly Owned by the couple?
From what i understand thus far, if the credit card was jointly owned, or if dad was a authorized signer, he Would be obligated to pay the debt with his own money?
Thans you sooo much!
Linda from MA
2 attorney answers
Linda, credit card debt is unsecured. This means that if the person holding the card dies NO ONE is required to pay it. The estate CAN be forced to pay it, but ONLY if they bring a lawsuit within 1 year of death. It also sounds as if the estate actually had no assets in it. This is because joint accounts automatically transfer to your father at death, as likely does any other property she has, OUTSIDE of probate. You should consult with a lawyer, but most likely you can just ignore the demand. The reason the "ask" instead of truly demand, is they most likely have no recourse to collect.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
When a person passes away it is the responsibility of the deceased person’s estate to pay off any debts that existed. Family members and heirs generally are not responsible for paying the debts. A credit card bill that was solely in your mother’s name would be paid off by your mother’s estate.
This is absolutely incorrect. It is the estate's responsibility to pay properly presented claims, which means claims that are filed as lawsuits and served on the PR or filed as a notice of claim in the probate court. You MAY choose to pay claims not properly brought, but are definitely not required to.
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Thank you so much! I really appreciate it. IF A credit card account has BOTH my parents names on it OR if it has just my deceased mothers name, and my father is just a authorized signer ... Then, would my father be responsible for paying my deceased mothers outstanding balance?
David M Owens
I'm not sure what you mean by "authorized signer." If he's an "authorized user" and continued to use the card after she passed, he's responsible for any of those charges. If he's a co-signor or guarantor, he's fully responsible.