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I have been paying my moms credit card for over 2 years because…

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I have been paying my...
I have been paying my moms credit card for over 2 years because she couldnt afford being that she was on SSI. She recently passed and I wanted to know if I have to continue paying. I never signed anything with the credit card company but I was a user on the account so I could get my moms groceries or pay her bills. I feel like I am stuck and could use the money for my family. What can I do? Thank you
Submitted: 8 years ago.Category: Estate Law
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Answered in 3 minutes by:
6/19/2010
Estate Lawyer: David Kennett, Attorney replied 8 years ago
David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27,690
Experience: 25 years practicing attorney
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Dear JACUSTOMER - I am sorry for your loss as I also lost my Mom this year. If you are not signed on the credit card then you can claim no liability since your purchases were for your mother's benefit. If she has assets and there is an estate then the debts will have to be paid out of her estate but not by you individually. I'm not certain from your question what the status of her estate will be so I can't tell you what might happen in that regard but you are not personally responsible for your Mom's debts.

 

Dave Kennett

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Customer reply replied 8 years ago
I did have my car fixed and maybe a couple of things on I bought but I have paid over $5000 over the 2 years and what I bought maybe is a $1000. She had no estate, no insurance, and no property. She was a cosigner on my house 8 yrs ago but I sent the mortgage co a copy of the death certificate and they are removing her from the mortgage. I don't want to stop payment unless I am sure they won't be able to come after me. Thank you for your compassion and I am sorry for your loss as well.
Estate Lawyer: David Kennett, Attorney replied 8 years ago

I can't guarantee you that they won't seek payment from you and if you keep paying you will never know. What you may be able to do is send them a certified letter notifying them of your Mom's death and stating that there is no estate and no assets. Then you can see what response you receive.

 

All I can do is tell you that you have a defense to their claims if they seek payment but I can't stop them from trying.

 

Dave

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Customer reply replied 8 years ago
I see your out of Ohio. Do you have a license in Indiana in case I wanted to possibly hire you? I will be accepting your answer. Your advice makes perfect since and I will write a letter and send a copy of the death certificate to see what they say. I am stopping payment through my bank and sending the letter.
Estate Lawyer: David Kennett, Attorney replied 8 years ago

No I do not. Even if I did we are not permitted to accept clients from this website as part of our agreement with Just Answer. I don't know the total balance on the card but it may be easier to pay the card or offer a settlement of 50-60% rather than spend money on an attorney.

 

Dave

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