Is my Mom responcible for my Dad's two credit card debts?

[mepy2k]

What is the name of your state? Florida

My Dad passed away in April 2007. He left a debt with two cards that total around $7k. This past week we found that his identity was used or that some form of credit card fraud was committed in his name on another card with a $0 balance and the merchandise was mailed overseas. Now, we have found out that my Mom wasn't on that credit cards as a co applicant, but was an authorized user given by him. I asked all the accounts that were being notified about the identity theft did they have her SSI number as an applicant and all said no. Come to find out that on all his credit cards, everyone, she wasn't listed and only as an authorized user on three. My Mom has had no credit history, but she assumed the house and the three old paid for cars plus the bank account because her name was on them as a co signer also.

My first question is how can a credit card company issue a card to one spouse only and tell the surviving spouse to pay up after they found out he's dead...Why doesn't the law require that if your married that all entireties be responsible so that surprises don't arise like this?

My second question is now collectors are calling and maintaining that she's responsible because she was an authorized user, should she pay the debt for my Dad and if she does, will this encumber her to anything that might pop up in the future.


My last question is that we didn't open an estate, because everything he had was the house and the cars. The money in the bank is her's only. Should we go through opening up an estate?

Thanks
MWhat is the name of your state?

[HomeGuru]

Originally Posted by mepy2k

What is the name of your state? Florida

My Dad passed away in April 2007. He left a debt with two cards that total around $7k. This past week we found that his identity was used or that some form of credit card fraud was committed in his name on another card with a $0 balance and the merchandise was mailed overseas. Now, we have found out that my Mom wasn't on that credit cards as a co applicant, but was an authorized user given by him. I asked all the accounts that were being notified about the identity theft did they have her SSI number as an applicant and all said no. Come to find out that on all his credit cards, everyone, she wasn't listed and only as an authorized user on three. My Mom has had no credit history, but she assumed the house and the three old paid for cars plus the bank account because her name was on them as a co signer also.

My first question is how can a credit card company issue a card to one spouse only and tell the surviving spouse to pay up after they found out he's dead...Why doesn't the law require that if your married that all entireties be responsible so that surprises don't arise like this?

My second question is now collectors are calling and maintaining that she's responsible because she was an authorized user, should she pay the debt for my Dad and if she does, will this encumber her to anything that might pop up in the future.


My last question is that we didn't open an estate, because everything he had was the house and the cars. The money in the bank is her's only. Should we go through opening up an estate?

Thanks
MWhat is the name of your state?

**A: the word is probate not estate. Hire an attorney to probate the estate.

[Debt Guy]

My first question is how can a credit card company issue a card to one spouse only and tell the surviving spouse to pay up after they found out he's dead...Why doesn't the law require that if your married that all entireties be responsible so that surprises don't arise like this?

They just demand payment because they want their money. There is no requirement that both spouses be obligated on the debt.

My second question is now collectors are calling and maintaining that she's responsible because she was an authorized user, should she pay the debt for my Dad and if she does, will this encumber her to anything that might pop up in the future.

An authorized user is not responsble for the debt.

My last question is that we didn't open an estate, because everything he had was the house and the cars. The money in the bank is her's only. Should we go through opening up an estate?

The estate may need to be probated. The cc company should file a claim against the estate. My gut instinct is that the home and cars would be exempt under FL law -- but only a local probate attorney can answer the question whether probate is necessary or desirable.

Otherwise, mom should just send the cc company a copy of the death certificate and maintain a firm position that an AU is not obligated and don't let anyone convince her differently. It is possible she could be sued. Big whoop. She has a solid defense.

My condolences to your mom.