Arizona | Wills and Trusts
11/17/09, 6:08 pm
Legal Question
My question is: What happens to credit card debt when someone passes away? Can and do the Credit Card Co. put a lien on the property?
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11/22/09, 7:55 pm
Legal Answer
No, they cannot put a lien on the property without first getting a judgment. They are a creditor and must make a claim against the estate of the account holder. The estate is liable for the debts of the deceased. You should consult with a lawyer regarding the necessity of probate and how the probate should be handled. There may be a possibility that the debt owing could be compromised by agreement with the personal representative of the estate.
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Donald T. Scher & Associates, P.C. 2200 E. Camelback Rd., #102 Phoenix, AZ 85255
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