Legal Question in Wills and Trusts in Georgia

I am an authorized user on one of my mom's credit cards. My mom passed away in june 2010 and the balance due at the time of her death was about $2500 with a limit of $2700. I used about $150 after her death and the balance due now is about $2650. I lost hours on my job and now I am not able to pay. Will I be responsible for the entire bill or just the portion after her death? Thank You in advance.

Dinah


Asked on 1/14/11, 8:30 am

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

As a general rule an authorized user doesn't have to pay anything but you likely will be held responsible for charges after her death. Bear in mind her estate is responsible for the rest, so you need to see a wills and estate lawyer ASAP.

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Answered on 1/19/11, 8:40 am
Scott Riddle Law Office of Scott B. Riddle, LLC

If the charges are in fact your charges, even before the death, you can be pursued. The card issuer is not likely to look that deep, but they have the legal right to pursue the person actually making the charges and getting the goods. They can also accuse you of fraud for using the card of a deceased person.

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Answered on 1/19/11, 8:52 am

As an authorized user only, you were not liable and you ought not to have used the card. Since you did, I would argue that you only should be liable for your charges and the estate of your mother should be liable for the balance. You do not indicate what, if any assets your mother owned, what monies she owed besides this debt, or if an estate was probated or needed to be probated for her.

I would echo Attorney Ashman and see a probate attorney in the county where your mother lived at the time of her death immediately.

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Answered on 1/20/11, 9:17 pm


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