If my father dies with credit card debt, as his daughter am I responsible to pay it
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my father dies with credit card debt, as his daughter am I responsible to pay it
He has no money or estate.
Asked on October 20, 2012 under Estate Planning, New Jersey
Answers:
Elena Eckert
Answered 12 years ago | Contributor
So sorry for your loss. If you are not on your father's credit card, you are not responsible for the debt. Your father's estate is responsible for any debt, however, if there is no estate, credit card company will not be able to collect from you. If they contact you, let them know that you are not on the credit card and your father left no estate.
Catherine Blackburn / Blackburn Law Firm
Answered 12 years ago | Contributor
I am sorry for your loss. Your father was responsible for his own credit card debt, and you are not responsible for it. If he had no assets, you do not need to open an estate. If the credit card companies call you, simply tell them you are his daughter, you were not on his credit cards, and you have no reason to open an estate for him. If they contact you more than once, contact an attorney who practices in the area of fair debt collection. Attempts to collect from you after you inform them of the circumstances could be a violation of the Fair Debt Collection Act. It has significant penalties and allows complainants to collect attorney's fees.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.