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My Mom has credit card debt that she says is about $20,000.

My Mom has credit...

My Mom has credit card debt that she says is about $20,000. He only asset which she wil leave to the 3 sons is a house that's paid for. Can the CC company come after the house on her death?

Lawyer's Assistant: What state is this in? And when did the issue begin?

Florida

Lawyer's Assistant: What documents or supporting evidence do you have?

She had a stroke in January. That is when we became aware of her spending habits. her income is about $3,000 /month total

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Don't think so

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Answered in 2 minutes by:
3/20/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,046
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Can the CC company come after the house on her death?

.

Legally yes, because debts don't disappear when someone passes. Their estate then becomes liable for the debts and whoever is the representative of the estate would have to sell off estate assets to pay those debts.

.

However, if she were to transfer the house out of her name now, while living, then when she passes, if she has no other assets in her name, then the creditors just lose..

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,046
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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