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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42858
Experience:  30 years as a family law lawyer .
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My mother recently died and has some credit card debt. there

Customer Question

My mother recently died and has some credit card debt. there are 2 credit cards that my father is not on and when i contacted the bank to let them know this they asked if i was the executor of the estate. I said my father is still alive but he has Alzheimer's. I ave full time in home care for him when I m at work and his net worth is about 150k. I would think that he should not have t pay for a couple of cards that Mom had without his knowledge. Also, I should think that any cards he is on since his Alzheimer's got bad,anything purchased would not be his responsibility as well. Am I correct in stating this?
Submitted: 2 months ago.
Category: Family Law
Expert:  RayAnswers replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 2 months ago.

Only her estate is liable.You can write them and advise them that she died insolvent and no probate is planned..You or your father have no personal liability in this matter.He does not have to pay if he is not on these accounts.They have to close them eventually.She died insolvent if she had no assets and no probate here.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 2 months ago.
It says here you are in Texas, not Tenneessee, is your answer correct for TN? Finally, my mothers estate is insolvent because my father is still alive, correct?
Expert:  RayAnswers replied 2 months ago.

It is insolvent because she had no assets and no probate opened.If she had assets here say house, car the creditors can open probate in TN and try to force a sale.

Thanks again let me know if you have more.

Customer: replied 2 months ago.
That helps. Finally, she does have a mortgage with my father in Michigan but it was gifted (titled) to my brother. They cant touch that since my dad is living and on that loan, right?
Expert:  RayAnswers replied 2 months ago.

No as long as dad makes the payments.