Legal Question in Real Estate Law in Louisiana

One parent dies who is responsible for credit card bills?

My Mother passed away this month and when going throuhg her paper work I found 12,000 worth of credit card bills. My father is still alive but he wasn't aware of these bills. The credit cards are only in her name. There is no estate left behind, no will. Will he or the children be responsible for these bills?


Asked on 10/11/01, 2:55 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: One parent dies who is responsible for credit card bills?

Since Louisiana is a community property state, ordinarily a debt incurred by one spouse is a debt of the community, and therefore, the surviving spouse would owe 1/2 of those while the estate of the deceased would owe the other 1/2. There are exceptions, and credit cards can fall into that category. The children of the deceased parent would only be liable for the debt if they had personally guaranteed it, or they open the parent's succession and accept it. If the debts are greater than the assets, it would be foolish for the heirs to accept the succession.

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Answered on 11/22/01, 2:49 am


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