Legal Question in Credit and Debt Law in Missouri

My step-dad just passed away unexpectedly. My mother is on the deed to their house, and survives. He had 24K in credit card debt in his name only, can they take the estate from my mother?

Asked on 1/13/12, 6:05 pm

3 Answers from Attorneys

Anthony Smith LawSmith
0 users found helpful
0 attorneys agreed

I'm sorry, but the clearest answer is that it depends upon the facts. The credit card companies can make a claim against your step dad's estate ( they may even be able to open a.c. estate for boom of your mom doesn't) they will not have a direct claim against the house. But, octen credit card ompanies fail to make a claim against the estate. If your mom had authority to charge on a card, she may be directly responsible for the credit card. If he had children not by your mom, she still likely share the estate with them, depending upon his will or trusts.

Good luck

Read more
1/13/12, 8:22 pm
Michael R. Nack Michael R. Nack, Attorney at Law
0 users found helpful
0 attorneys agreed

I am sorry for your loss. Under the facts as you give them, it would appear that your mother would own the house and the house would not be included in any probate estate. If there were other assets that require the opening of a probate estate, the credit card creditors can file claims, or as pointed out above may be able to open an estate to pursue their claims. Unless your Mother is legally liable on the credit cards, they will not be able to collect from assets that she owns.

Read more
1/15/12, 3:25 pm

Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Missouri

Looking for something else?

Get Free Legal Advice

8782 active attorneys ready to answer your legal questions today.

Credit, Debt and Collections Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now