Legal Question in Credit and Debt Law in North Carolina

Brother passed - not married, no children, no will or insurance; sold his house now credit card company demanding payment, do we have to pay full balance or what company demands? Co. is threatening lien on house proceeds.

Asked on 1/25/13, 9:47 pm

2 Answers from Attorneys

Kenneth Love Ken Love Law

Unfortunately, yes they can. When a person dies, an estate is created to deal with their assets and debts. The debts are paid to the extent that there are assets or money to cover them.

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Answered on 1/26/13, 9:49 am

I agree with Attorney Love. The heirs cannot keep the assets and not pay the bills. If there is enough assets in the estate then the bills need to be paid. If there is not enough money, claims are paid in order of priority. Consult with a probate attorney who practices in the county/state where your brother's estate is pending to assist you with this.

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Answered on 1/26/13, 11:35 am

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