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Asked in CA May 26, 2022 ,  0 answers Visitors: 2

Inheritance

The father is dying and owns a home with equity. The father has credit card debt and enough assists in his bank account to pay the debts. The son who is the only heir does not plan to pay any of the credit card debt. Can they collect? How will they know the father died?

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2 Answers

Anonymous
Reply

Posted on / Sep. 24, 2007 19:07:00

Re: Inheritance

The father's debts will become claims against the estate when he dies. The executor, administrator or if none the heirs themselves must pay the debts before they are entitled to the assets of the estate.

News of a person's death is available because a death certificate will be recorded by someone - the attending physician, mortician, coroner, executor, etc. - and that becomes a public record. Credit card companies and credit bureaus pick up computerized abstracts of death certificate filings and check them against their other records. If not, the Social Security Administration will find out - presumably you would notify them rather than going to prison for letting Social Security payments go on forever?

Also, anyone dealing with the property of an estate is going to get asked for a certified copy of the death certificate everywhere they turn, for example, in closing out bank accounts, trying to sell or re-title real estate, etc.

The sooner you pay off the high-interest credit cards, the better for you. I can assure you the interest rate doesn't go down when the primary cardholder dies. They will find you, and if you are committing fraud by hiding from them, the statute of limitations may be tolled during that time.

Anonymous
Reply

Posted on / Sep. 24, 2007 19:07:00

Re: Inheritance

The father's debts will become claims against the estate when he dies. The executor, administrator or if none the heirs themselves must pay the debts before they are entitled to the assets of the estate.

News of a person's death is available because a death certificate will be recorded by someone - the attending physician, mortician, coroner, executor, etc. - and that becomes a public record. Credit card companies and credit bureaus pick up computerized abstracts of death certificate filings and check them against their other records. If not, the Social Security Administration will find out - presumably you would notify them rather than going to prison for letting Social Security payments go on forever?

Also, anyone dealing with the property of an estate is going to get asked for a certified copy of the death certificate everywhere they turn, for example, in closing out bank accounts, trying to sell or re-title real estate, etc.

The sooner you pay off the high-interest credit cards, the better for you. I can assure you the interest rate doesn't go down when the primary cardholder dies. They will find you, and if you are committing fraud by hiding from them, the statute of limitations may be tolled during that time.

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