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Do children of their deceased parent have to pay the credit card debts of their parent after the parent passes away?
Not all estate settlements are real clean. Sure, it's easy for three children to divide a pile of money that their father left behind, but some estate settlements get debt-messy.
Note here that every estate settlement is different, and different rules apply in different states. When you attempt to settle an estate with debt, you should hire an attorney in the deceased's state of domicile to help you sort through this.
In general, children are not personally responsible for the debts of their parents, unless, of course, they signed documentation obligating themselves for the debts.
Regarding a deceased's debts, secured debts are at the top of the priority chain. Deceased lenders often have a home with a mortgage, or a vehicle with a vehicle loan. As those assets get sold by the estate, those creditors get paid out of the proceeds of the sale. Credit card debt, however, is unsecured. Credit card companies are behind the mortgage lender and the vehicle loan lender.
The bottom line is that if your parent or other loved one died with credit card debt, you may benefit by opening a line of communication with the credit card company. In general, if the estate has assets, those assets must be used to pay debts of the deceased.
This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney
www.RabalaisEstatePlanning.com
Phone: (225) 329-2450
23 ноя 2019