Legal Question in Wills and Trusts in Oregon

What happens when an elderly parent dies with credit card debt? Are the surviving children obligated to pay the balances?


Asked on 3/29/10, 1:32 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Legally no but morrally yes. As a matter of law, the decedent's estate is liable for the debts of the decedent that remained at death or arose therefrom. The decedent's creditiors get paid first, before anything is is distributed to heirs and divisees. The the estate does not have sufficient money and property to pay off the debts, the creditors ar left holding the bag (and, of course, there would be nothing left to distribute to heirs and divisees, regardless of what a will might otherwise say).

LAWRENCE D. GORIN

http://ldgorin.justia.net/index.com

Law Office of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]

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Answered on 4/03/10, 5:30 pm


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