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My brother has had my mothers debt added on to his credit

 
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  • Answered by:LegalBeacon
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Customer Question

My brother has had my mother's debt added on to his credit report.
She passed away in November 2008.
Is he responsible for her debt? Can the debt be added to his credit report even if he is not a co owner of the account? Is it possible that there is an error, his name is XXXXX XXXXX as my father's who passed away in 1991.

 

Optional Information:
State/Country of Question: California

Already Tried:
Just found out today that this debt has been added to credit report

Submitted: 1014 days and 21 hours ago.
Category: Legal
Value: $18
Status: CLOSED

Accepted Answer

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Expert:  LegalBeacon replied 1014 days and 21 hours ago.

Hi there....Your brother would not have an obligation for your mother's debt...except to the extent he was distributed assets from her estate that would have paid that debt if it had been used for that purpose rather than having been distributed to him.

 

It cannot be added to his credit report. And, it is possible it has been confused with his dad. He needs to dispute the information. Once disputed, the credit reporting agency is required to investigate the dispute by sending it back to the credit card folks for verification. If the the credit card folks verify that the account is being reported correctly, the negative information will stay on his credit file. If the credit card people never respond to the investigation, then after about 30 days, the credit reporting agency will either delete the report from his file or report it as not being delinquent. If nothing is done, he will need to get a court order and then send the judge's order to the credit agency to get it removed.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Expert TypeAttorney
Pos. Feedback: 99.5 %
Accepts: 12011
Answered: 8/12/2009

Experience: Attorney/Developer

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