Q: How to settle deceased brother's credit card debt in NJ with no will?
My brother passed away last October in Hudson County, NJ. He was unmarried, with no children, and did not leave a will or designate an executor. He left behind credit card debts and a bill for emergency transport incurred on the day his body was found. His assets include a checking account and an IRA. His only surviving family members are his mother and me, his sibling. I plan to become the estate's administrator by filing for a letter of administration with the surrogate court. I have received communication from the creditors. Could you guide me on the laws I need to follow to settle his credit card debt, and how the credit card companies should file a valid claim for the amount they believe is owed?
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A: I am sorry that you lost your brother. Probate is not a simple process and you are emotionally involved and not a trained attorney. They advise attorneys not to represent themselves. You need to be represented by a Probate attorney. The Estate, not the heirs are responsible for the descendant's debts.
H. Scott Aalsberg agrees with this answer
A: Attorney Boyer is correct and let me add we are not allowed to give you specific legal advise on what to do as per the terms of service of the website. That being said the laws for settling an estate are located under section 3B of the New Jersey Statutes Annotated. Lastly it is the adminstrators responsibility to pay all outstanding debts of the deceased from the deceased funds which are part of the estate. I suggest you hire a lawyer to help you and not be penny wise and dollar foolish as in the long run it will probably be cheaper to get the right advise you need from a lawyer.
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