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Good evening! I can help you out with your legal question tonight. I'm sorry to hear about your father. Did the credit card companies obtain a judgment against your father?
The IRA passes outside of probate so credit cards would not be able to come and collect against the IRA's.
Also, whether they can get to the house depends on if your dad was listed on it. If he was, then the creditors could lien the property if there is equity above the homestead exemption amount (presuming he filed a homestead on the property).
he was on the deed with my brother and sister in law
Ok, then the creditor could only lien up to 33% of the property, meaning that the homestead exemption should cover it so that the property is exempt from creditors.
ok. how about his death benefit from work? it was left to my mother. I dont know how much it is. can they come after the payment to her?
It will depend on their credit card verbiage, so I can't really say. They can only come after his estate though and not her personally.
is the death benefit considered part of the estate?
It depends, was it a pension or annuity?
im not sure. i think it was there to cover funeral expenses
It depends on how it gets into the estate, but if the estate is exhausted then the creditors are out of luck (depending on the contract verbiage). Some creditors release the debt upon death, so it really just depends.
ok. thanks for your help
You are welcome! Have a good night and please accept so that I can continue to help others.
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