Credit Cards, who pays when someone passes away?

[strathywins]

What is the name of your state (only U.S. law)? Virginia

My mother just passed on the 4th of December and she has outstanding credit cards that are in just her name. One of them my father is an authorized user. Does my dad have to pay them off? I am not sure of the laws in Virginia on this matter but when I called Amex they said to consult an attorney. We cannot afford to talk to a lawyer but we don't want to get into a load of debt but he can't really pay the credit cards off either. What do we do?

 

[Antigone*]

What is the name of your state (only U.S. law)? Virginia

My mother just passed on the 4th of December and she has outstanding credit cards that are in just her name. One of them my father is an authorized user. Does my dad have to pay them off? I am not sure of the laws in Virginia on this matter but when I called Amex they said to consult an attorney. We cannot afford to talk to a lawyer but we don't want to get into a load of debt but he can't really pay the credit cards off either. What do we do?

Her estate is responsible for her debts.

 

[strathywins]

I have no idea what that means.

 

[justalayman]

Your mother has an estate. It is her possessions, financial holdings, debts; basically anything she owned or owed. Anything that does not automatically transfer to another person needs to be accounted for. Then, the positive assets of the accounting need to be used to pay the negative assets (debts) on the accounting.



very very simplistic

assume credit card debt of $1000

bank account of $2000

no other assets or debts. $1000 of the $2000 cash would be used to pay off the credit card debt.
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If the debts are greater than total assets, then some of the debts would go unpaid. If the total assets are greater than the total debts, then that money would be distributed as the laws of intestate succession of her state required (presuming no will). If there is a will, that would direct the assets.