Tuesday, September 17, 2002

Must I Sell My Mother's House If I Can't Pay Her Debt?

If you are handling your mother's affairs because she is deceased or cannot manage on her own, tread carefully when dealing with creditors. In most cases, you aren't legally responsible for paying her debt, and you probably won't have to sell her house while she is still alive, but you might have to sell it if her creditors sue the estate.

Debt Responsibility

    People don't inherit debt in the United States, nor are relatives accountable for debts incurred by other family members. Unless you co-signed for a loan or jointly held a credit card account with her, creditors can't force you to pay your mother's debt from your own earnings and assets.

Joint Account vs Authorized User

    Balances on credit card accounts held jointly by you and your mother are your responsibility. The same holds true for any debts for which you co-signed. However, if you were just an authorized user on your mother's credit cards, you are not liable for their balances. If the credit card companies attempt to put those debts on your credit report, you can ask the credit bureaus to remove the information.

Estate Issues

    If your mother is deceased, your creditors must direct their requests for payment to your mother's estate. If contacted about a debt, do not agree to pay it yourself, as this can legally obligate you to pay a debt that was never your responsibility. Refer the creditor to the executor or administrator of your mother's estate. If you are the executor, contact your lawyer for assistance in making payments to her creditors. Unfortunately, if your mother was in significant debt, you may have to sell her property to satisfy her creditors.

Property Liens

    While creditors can't usually force someone to sell the house they live in, they can get a lien against the property. The lien is a claim on the value of the home, and the creditor can demand payment of the debt from the proceeds of its sale or refinance. If your mother is still alive and a creditor wins a lawsuit against her, the creditor may place a lien on your mother's home to secure the debt.

Prevention/Solution

    It's a good idea to have a frank discussion with parents while they are still alive so you can get an idea of their financial situation. If it is dire, talk to a credit counselor or attorney who can help them deal with creditors and debt collectors. Upon the death of your parents, make sure the person in charge of settling their estate holds off on distributing any property until paying off your parent's creditors.

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