Legal Question in Wills and Trusts in Pennsylvania
No Estate
My father pasted away 8 months ago (8-99) and left no assets and/or estate, he owned no real property and only had social security as income. He ran up credit card debts and now the credit card companies are asking if his estate is going to probate or not. If we are not then they want to know how we plan to pay the outstanding debt, which is a litte over $3,000. I can not afford to pay any debts of my fathers and I am afraid they are going to put a jugdement aganist my house. Can I be forced or held accountable for my fathers debts? He left absolutly nothing. What do I do? Please answer I only have 30 days. Thank you.
1 Answer from Attorneys
Re: No Estate
Unless you are a cosigner on your father's credit cards or you have agreed to pay his debt you are not responsible for the debt. The credit card companies do have a right to have a claim against the estate. What it sounds like they are doing is attempting to find out when your father's estate is going to be probated so they can make a claim against the estate. I know you said your father left nothing, but did he leave any personal effects or a will? If so you should probate his will. If he left under $25,000 for his estate (which you said he did) you can probate his estate under the small estates program in Pennsylvania. Call the Register of Wills in the county where he died and they will help you get started in the right direction. Once you probate his estate (and show that there is nothing of value in the estate) you can tell the credit card companies to stop calling you. In fact if the credit card companies are bothing you now you can tell them to stop calling you because the debts are your father's not yours. I hope this helps.
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