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  • Her estate is responsible for all debts. The credit card company could file a probate proceeding if there are assets in her name to satisfy its claim, but it is not common for small unsecured creditors to do so. If a spouse, children or devisees named in her will seek to collect her assets as part of her estate, they will be required to give notice to creditors (including but not limited to the credit card company) in any probate proceeding they initiate. Determination of heirs, settlement of debts and distribution of property is what the probate process is all about.

    If she died without assets, then there is no repayment. The credit card company would have no recourse against her family.
  • One exception to these principles could arise if she left a surviving spouse. In some states (particularly the "community property" states) a spouse may in some circumstances be liable for some or all of the debts of the deceased spouse. This is not automatic, however; the result will vary by state, by type of debt and by signature or consent of the surviving spouse.
  • Another exception might arise if another person either (a) signed the original credit card application, (b) agreed to pay the debts of the decedent (either before or after her death), or (c) used the credit card fraudulently.
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14y ago
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12y ago

Your mother's estate is responsible for paying her debts. Her debts must be paid before any property can be distributed to her heirs. If the debt is greater than the value of her estate, then her creditors are out of luck. You should consult with an attorney who specializes in probate who can review your situation and explain your rights, obligations and options.

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Q: Who is responsible for a deceased mother's credit card debt which was in her name only?
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