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Debts of deceased parent

Submitted by on Thu, 08/28/2008 - 23:55
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My mother passed away four weeks ago. Although my father is still living, he has dementia and is not capable of handling his personal business. My mother had a couple lines of credit in her name alone. Is he still responsible for payment of these accounts?


Were your mother's credit lines joint or single? If it was a single account then after your mother's death her estate will be solely responsible for repaying the debt. Now, if the estate is guided by probate then the executor will take an assessment of your mother's assets and the outstanding debts and then disburse the remaining asset, after debt repayment, to her heirs (strictly in accordance to her will).


Submitted by phoenix on Fri, 08/29/2008 - 01:01

phoenix

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In most states, if the debt was exclusively your mothers and her estate was probated then any creditors are required to submit their claims to the probate court or atty. handling the probate, within a statutory time period. Usually 90 days from publishing the Notice of Probate. No one else is liable for her debt.


Submitted by on Fri, 08/29/2008 - 10:51

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My mother had a couple of credit cards in her name alone.
My parents estate is in the form of a family trust. My father is still living. The trust provides for his care until his death, at which time the surviving family will then be beneficiary of the trust. My sister and I have power of attorney.


Submitted by on Mon, 09/01/2008 - 01:52

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