Estate Law Questions? Ask an Estate Lawyer.
DearCustomer- All debts must be paid before the assets can be distributed so the children cannot simply take the money out of the accounts. If the credit card company never files a proof of claim within the statutory period the debt might be able to be avoided however if the claim is made then the money will have to be used to pay the debt. When the house sells, if there are no other debts then the balance of the money may be divided.
I'm not sure who died and what interest you have in this estate. The children do not have any liability to the credit card companies since only the estate can be liable. If the estate was opened and properly filed with the court and stayed open, usually 4-6 months and no claim was made by the credit card companies then the credit card companies likely lost their right to file a claim.
The filing of the estate was notice to the public that the person died and started the time for anyone to file a claim. The children would have to put the money back if the claim was filed within the allotted time so that could be a problem if the money had been spent.
I'm not certain how they could have removed money from an account of a deceased person unless the accounts were POD and went to them outside the estate, in which case the credit card companies could not claim the funds.
Payable on death. If your husband is not entitled to anything from the estate I would forget about all of this since the time is well past for any claims to be made.
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