Q: My father died in Maryland without a will.He has credit card debt. A home worth 53000 where my mom lives.
Do we have to sell the house to pay 4000 in credit card debt? My mom and I would like to take over the house. Brother doesn't want anything and all my dad had was the house. He took my mom's name off of the deed in 2001. We don't know why. We don't want to loose our home.
A: Discuss this with a lawyer. One option: Wait 6 months after date of death before opening the estate, and do not talk to the credit card companies or volunteer that he died, just stop making payments and ignore their calls. After 6 months open the estate and if the credit card companies file claims they’ll be too late and you deny them all (creditors cannot file a claim more than 6 months after the date of death of the decedent, and they can’t file a claim without an estate open). This is a bit unconventional, but it’ll work.
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