What do 5 beneficiaries do on credit card debt and claim on property? 11 Answers as of May 05, 2014

Dad and mom passed leaving 4 sons, one granddaughter 1/5 interest upon her/his death. Mom signed for home depot card, never used it, but a son did. They initially had card protection but eventually quit accepting store payments and coerced mother into resuming paying debt. Now mom is dead. They are saying there is no protection now. We even had a payment plan set up in 2011 for zero interest and $100 a month but when mom came down with cancer those changed things. They now put a claim on our inheritance.

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Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
The creditor is entitled to be paid before the beneficiaries receive a penny. Speak with a probate attorney to make sure that the creditor complies with filing its claim after being given legal notice. If that has been done, then the creditor[s] must be paid before any distributions are made to beneficiaries. It may be that the estate has a claim against the brother. Speak with counsel to see if there is a recovery action possibility.
Answer Applies to: Nevada
Replied: 5/5/2014
Stephens Gourley & Bywater | David A. Stephens
They have a claim against her estate. You will likely have to settle it to settle her estate, unless it is small enough to do a set aside and not pay creditors.
Answer Applies to: Nevada
Replied: 5/1/2014
Frederick & Frederick PLC | James P Frederick
Tough situation. You may be able to get the creditor to negotiate with the estate, if there IS an estate. If there is no probate estate, then there is nothing the creditors can do, in most cases.
Answer Applies to: Michigan
Replied: 5/1/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Creditor is entitled to be paid, so work out an agreement with them; otherwise the creditor lien stays on your inheritance.
Answer Applies to: California
Replied: 5/1/2014
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
It's going to have to be paid out of mom's estate; petition the court to charge that to the share of the son who used the card.
Answer Applies to: Oregon
Replied: 5/1/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    If the card is in your mom?s name, sorry there is really nothing you can do about it. Once you go to probate, one of the first things that occurs in probate is to pay creditor?s claim. If however, there is tangible proof that your mom was not in her right mind when she was coerced to use the credit card, the judge may take this into affect and transfer the debt to the son.
    Answer Applies to: Florida
    Replied: 5/1/2014
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    The administrator of the estate is responsible for collecting all asset and paying all debts of the estate.
    Answer Applies to: Georgia
    Replied: 5/1/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    if only 1 son used the card for his own benefit the ESTATE should sue that son for reimbursement for the costs Otherwise all heirs will end up splitting the debt equally since it will need to be paid by the Estate.
    Answer Applies to: Michigan
    Replied: 5/1/2014
    James Law Group
    James Law Group | Christine James
    If there is an estate, it needs to be paid. Have an attorney help with the probate if you don't have one already.
    Answer Applies to: California
    Replied: 5/1/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    The estate of the deceased person is obligated to pay all that person's debts and taxes before distributing whatever remains of the estate to the heirs and beneficiaries. Mother apparently gave her son permission to use her credit card at Home Depot. Therefore, her estate is responsible for paying off the remaining charges on the card with money from the assets of the estate. The executor of her estate can attempt to use the funds that would have been included in the inheritance of the son who made the charges. However, since Mother allowed him to use the card, she essentially was agreeing to pay off whatever debts he rang up.
    Answer Applies to: Nebraska
    Replied: 5/1/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    The granddaughter can only be an heir if she is named as a legatee under a Will or she is the child of a predeceased sibling to the 4 sons who were alive at the mother's death. All creditors of your mother's estate must be paid before any distribution can be made to an heir or legatee. A probate should be opened and creditors allowed to file claims. Creditor payouts can be worked out. If it can be established that a debt collected from the estate was a indebtedness owed by an heir to the decedent then the estate can prove that indebtedness to the estate and collect from the heir. If the parties agree on the debt, or the judge enters an order memorializing the debt, then the debt to the estate can be offset against the distribution due the heir.
    Answer Applies to: Illinois
    Replied: 5/1/2014
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