Legal Question in Credit and Debt Law in Maryland

Credit Liability after Parent's Death

My siblings and I have discovered that my 80 year old mother has $10,000 in credit card debt, and that she does not have life insurance. She is divorced and has no estate. Will her children be responsible for that debt?

Also, about 15 years ago, I was put on this credit card as a user, in order to establish credit. I did not fill out the original credit request and only used the card to 2 years. Will I be liable?

Thank You,

margaret


Asked on 9/13/02, 1:03 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Credit Liability after Parent's Death

Credit card debt is personal. But then there is joint liability. Credit card debt is secured through a contract of indebtedness via an application for an extension of credit. Joint liability must likewise be established through an application or acknowledgement.

If you did not sign the application then you are not liable for paying the debt. If your grandmother gave you a card through her application then she is liable for the payments. However, if she signed a statement that you are an authorized user and you acknowledged such by your signature on an application or extenstion of credit then you MAY be joinlty liable for the purchases that can be directly traced to your use. There may be a provision that may TRY to make you liable where you did not sign such a statement. These provisions are unenforceable.

You may also have accepted liability through a recorded statement of accepting liability for payments for your use.

Where you provided an acknowledgement of liability, the matter is a complicated by an accounting and payments.

I hope your grandmother is doing well. If you receive any notices that appear to bind you to payment, contact an attorney. I am a general practice attorney with reasonable rates for your legal needs. Referrals are appreciated.

G. Joseph Holthaus

(410) 799-9002

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Answered on 9/27/02, 12:05 am


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