Credit Card Debt - what constitutes an Estate?

[timbokel]

What is the name of your state? New Jersey

My father passed away in April 2006, and left two outstanding debts on two different credit cards. My mother was not listed on either of the cards. He died without a will. She was beneficiary on life ins, pension, and annuity, and by NJ law received everything else (house, car, property) But, she still had to file (intestate) thru probate court because 3 of the assets (mobile home, car, old mutual fund account) were either not jointly owned or had no beneficiary listed. They appointed her administratrix and gave her 3 letters so she could have those assets transferred to her name.

Are those the only assets that would be considered the "Estate"? I see from other posts here that she is not responsible for the debt, and that the Estate is, but I'm having trouble understanding what that is made up of in this case.

Thank You

 

[racer72]

This is exactly why your mother needs a probate attorney, she should see one soon.

 

[seniorjudge]

What is the name of your state? New Jersey

My father passed away in April 2006, and left two outstanding debts on two different credit cards. My mother was not listed on either of the cards. He died without a will. She was beneficiary on life ins, pension, and annuity, and by NJ law received everything else (house, car, property) But, she still had to file (intestate) thru probate court because 3 of the assets (mobile home, car, old mutual fund account) were either not jointly owned or had no beneficiary listed. They appointed her administratrix and gave her 3 letters so she could have those assets transferred to her name.

Are those the only assets that would be considered the "Estate"? I see from other posts here that she is not responsible for the debt, and that the Estate is, but I'm having trouble understanding what that is made up of in this case.

Thank You

Q: Are those the only assets that would be considered the "Estate"?

A: Based SOLELY on the assumption that you are telling the truth, yes.

 

[Ladynred]

In order to be paid thru probate, these creditors would have to file a claim, and they only have a limited amount of time in which to do it. No claim filed = no money for them.