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So it’s likely the credit card company will be at the back of the line when it comes to paying debts from the estate.That doesn’t mean the credit card company won’t try to recoup the debt from family members, so don’t fall for it if you know you’re not liable.“Sometimes, people can be on a credit card and not even know it,” says Pennsylvania attorney Linda A. “Maybe when they filled out the credit card applications, (the joint cardholder) didn’t even tell them.” These accounts could show up years later, at the time of a death or divorce.
Furthermore, according to Texas attorney Glen Ayers, if you live in a community property state, you’d better hope you didn’t receive community property in the divorce.” The same goes for using the card as an authorized user when you know the debt won’t be paid.For example, says Kern, “You’d be committing fraud if you knew a parent was near death and the estate didn’t have money and you used it knowing it wouldn’t be paid off.” Even if you are not held personally liable for the debt on a credit card, you’ll feel the effects of it if you’re a beneficiary of the estate.If you’re only an authorized user, you’re not liable when the cardholder dies.If you co-signed as a joint cardholder, then you just got a new credit card debt.
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If a person dies with more debts than assets to pay them, creditors can be out of luck — and they often are.