Is my daughter liable to pay the credit card debt when I die if she uses the credit card in my name? 13 Answers as of April 09, 2014

I have a credit card in my name and I pay the balance due each month. My daughter also uses this credit card. Is she liable for any unpaid balance when I die?

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James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Most likely if she has a card in her name on your account they will hold her liable.
Answer Applies to: Michigan
Replied: 4/9/2014
Law Office of Pamela Braynon | Pamela Y. Braynon
No she is not if the card is in your name. If you die and the credit card company will place a claim on your estate and it then becomes the estate?s responsibility to pay the claim.
Answer Applies to: Florida
Replied: 4/9/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Yes if she makes on the card.
Answer Applies to: California
Replied: 4/9/2014
Sebby Law Office
Sebby Law Office | Jayne Sebby
If she's a minor when she makes the charges, you or your estate are responsible for the bill. If she's an adult, have her get her own credit card so she can develop a credit rating of her own and you don't have to worry about this issue.
Answer Applies to: Nebraska
Replied: 4/8/2014
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
If you are the authorized holder of the card, when you die your estate will be liable to pay the balance on the card. If your daughter is your only heir or devisee, this amounts to her being liable. If she has siblings, then all will have to pay, unless you make a will specifying that her share is charged with the credit card debt.
Answer Applies to: Oregon
Replied: 4/8/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    If she is a signer on the acct., probably. If she is merely signing your name, probably not.
    Answer Applies to: California
    Replied: 4/8/2014
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    If her name is on the account, yes. If her name is not on the account then both now and when you die she is guilty of credit card fraud.
    Answer Applies to: Utah
    Replied: 4/8/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Since your daughter is not a joint borrower on the card but merely uses the card in your name and with your permission she would not be liable for the debt. You are liable for the debt she incurs. The debt will be a liability of your estate and would have to be paid out of your assets before any distribution can be made to your heirs or legatees. If the card is used after your death then your daughter would be liable for the debt and the use could be considered fraudulent since you are no longer able to accept and ratify the use. The ability to use the card ends when the borrower dies.
    Answer Applies to: Illinois
    Replied: 4/8/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Your estate will be liable for the remaining balance, she will not unless she also is on the account and signed the agreement with the credit card company.
    Answer Applies to: Michigan
    Replied: 4/8/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Possibly, if they can prove the purchase was by her for her benefit. Of course, when you die your estate should pay the bill.
    Answer Applies to: Idaho
    Replied: 4/8/2014
    James Law Group
    James Law Group | Christine James
    The estate will be liable for the balance. If you have money when you die, it will go first to pay your debts. Otherwise, the credit card company should not be able to recover anything from your heirs.
    Answer Applies to: California
    Replied: 4/8/2014
    Frederick & Frederick PLC | James P Frederick
    It depends on your agreement and whether anyone challenges the arrangement. When you die, your estate is liable for all your debts. If the credit card company decides to, it can pursue your estate for the entire balance. Your other heirs, if any, might have a claim that your daughter should be responsible for any share of the debt resulting from her use of the card. As between the estate and the credit card company, however, they are probably within their rights to go after your estate for the entire amount.
    Answer Applies to: Michigan
    Replied: 4/9/2014
    Gates' Law, PLLC | Thomas E. Gates
    Your estate would be responsible for paying off of your credit card balance at the time of your death. Your daughter will not be able to use the card after your death. If she does, she can be charged with fraud and theft.
    Answer Applies to: Washington
    Replied: 4/8/2014
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