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My 96-year-old grandmother has dementia and is in a nursing home. I am her closest relative and the only one involved in her care. I have been receiving threatening telephone calls from a collections agency trying to reach her, for what I assume is unpaid credit card debt. They imply that unless I have her contact them, giving them consent to speak with me, there will be trouble for our family. I am not her Power of Attorney. What are my and her rights and responsibilities? If she were to pass away, would it be my or anyone else's responsibility to resolve her unpaid debt? Would I be financially accountable? She has no assets, though we do share a checking account.
We live in Pennsylvania.
Submitted: 362 days and 23 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
Answer
Thanks for the chance to assist.
When your grandmother passes on, her estate will be responsible to account for her debts prior to paying out any will she may have.
SO, if she has debt, at the time of her death, her executor (the person responsible to the court for disposing of her estate) will post a notice of her death and any creditors can apply for payment. After all debts have been presented, if there are assets in her estate, the valid debts will be paid.
If there are insufficient assets to cover all the debts, then some of the creditors will go without. There is no recourse to creditors after the individual has died if there is not sufficient assets in the estate to cover the debts.
You would not be personally accountable unless you have co-signed for or otherwise guaranteed her debts
I would ignore the creditors...tell them to stop calling or you will take legal action.
As for the shared account...if this is truly a shared account, you may want to take your assets out and keep hers separate from yours...that way the creditors will not be able to try and take your assets down the line.
Expert:
psimmons
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Answered:
11/24/2008
Attorney
Law Degree, 12 Years of trial experience
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