Hoffman, NJ asked in Bankruptcy, Collections, Estate Planning and Probate for New Jersey

Q: If a deceased person has credit card debt, is it the responsibility of the executor to pay those cards?

2 Lawyer Answers

A: Attorneys who handle estate-related matters could answer your question best, but you await a response for a week. Your question may have been overlooked in the general "Uncategorized" category. Although some questions do go unanswered on this forum, you could try reposting and adding the categories - "Probate," "Estate Planning," "Collection," and "Bankruptcy." Drop the "Uncategorized" heading. That could improve chances for a response from an attorney who has insight into such issues. Good luck

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: When someone passes away, their credit card debt doesn't automatically become the executor's personal responsibility. Instead, the debt is typically paid out of the deceased person's estate. As the executor, you would use the estate's assets to settle any outstanding debts, including credit card balances, before distributing the remaining assets to the beneficiaries.

If the estate doesn't have enough assets to cover the debt, the creditors might go unpaid, but you wouldn't be required to pay the debt out of your own pocket. However, it's essential to follow the proper legal process when administering the estate, including notifying creditors and prioritizing debts.

Make sure to keep detailed records of any payments made, as this helps ensure everything is handled correctly and transparently. If you're unsure about the process, consider reaching out for guidance to help you navigate these responsibilities effectively.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.