Legal Question in Credit and Debt Law in Virginia

If there is credit card debt owed by some one deceased, will the credit card company forgive the balance? Should a settlement be negotiated? Can the credit card company pursue the next of kin (wife / child)?


Asked on 6/01/10, 10:25 am

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Well, they won't forgive it. But they will be left holding the bag.

When someone is deceased, the obligation of the executor (personal representative) is to collect all the person's assets, collect information on their debts, and pay all LEGITIMATE debts (not just what someone claims).

Only what is left over after paying debts is distributed to heirs.

However, if there is not enough to pay the decedent's debts, family IS NOT responsible to pay the decedents' debts. (Of course if a person buys something for you on their credit card and then dies, this might be different.)

Heirs cannot inherit money that should be used to pay off the decedent's debts. Money that is available must pay off those debts.

But creditors like a credit card company cannot collect any money from family members or heirs. They msut write off any unpaid balance.

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Answered on 6/01/10, 1:55 pm


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