Deceased fathers 10yr old CC debt and me

[dkd5366]

What is the name of your state?What is the name of your state?Michigan
I need some help-please..My father passed away 10 yrs ago, I have been paying off a CC debt in his name since that time, but now I am unable to financially continue paying. There were charges on the account by an authorized person after his death, this person is now also deceased. I assumed that since I was his son, I should pay off the debt. What can I do now? The amount is approx.$4000, and I just cant pay this. Can I be sued for fraud? If I send a copy of the death cert. what will the card company do? Any help in this matter would help-Thanks in advance.

 

[Dandy Don]

You will not be prosecuted or charged with fraud, because that term does not apply here.

If you can't afford to continue paying, then just stop--there is no need to send anything to the credit card company. You already did more than you needed to--if your father's estate did not have enough assets to pay this debt off, then it basically will have to remain uncollectible. They will probably put this item on your credit report, so if you do eventually become financially able to make monthly payments on it, you can resume payments in the future.

You should have filed a claim with the "authorized person's" estate to get this paid off, but it's too late now. So sorry you didn't ask for legal help at the time of your father's death, when you could have been informed of your options then.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

 

[seniorjudge]

What is the name of your state?What is the name of your state?Michigan
I need some help-please..My father passed away 10 yrs ago, I have been paying off a CC debt in his name since that time, but now I am unable to financially continue paying. There were charges on the account by an authorized person after his death, this person is now also deceased. I assumed that since I was his son, I should pay off the debt. What can I do now? The amount is approx.$4000, and I just cant pay this. Can I be sued for fraud? If I send a copy of the death cert. what will the card company do? Any help in this matter would help-Thanks in advance.

Did you charge anything on this card AFTER your father's death?

If not, then send them a copy of the death certificate and never speak to them again.

 

[Alias_joe]

Agree-

who used the card after death?

that is really wrong

who is the Personal Representative?

 

[dkd5366]

Charges were made

I guess I would be my fathers personal rep, I am not listed on the account, and there were charges made to the account after his death. He passed away overseas and we had no way of getting his remains or belongings back to the USA, those charges incurred were to help with that-he had no will, and the charges were made without my knowledge, but I assumed I should try to pay them off..Why would/could this go on my credit report? Thanks for all your help.

 

[seniorjudge]

I guess I would be my fathers personal rep, I am not listed on the account, and there were charges made to the account after his death. He passed away overseas and we had no way of getting his remains or belongings back to the USA, those charges incurred were to help with that-he had no will, and the charges were made without my knowledge, but I assumed I should try to pay them off..Why would/could this go on my credit report? Thanks for all your help.

We are trying to find out who used the card AFTER his death and you will not tell us.

When you tell us that, we can answer the rest of your questions.

 

[dkd5366]

Reply

The charges were made by family members, including me, no charges were have been made for years

 

[seniorjudge]

The charges were made by family members, including me, no charges were have been made for years

Okay, now we are getting somewhere.

When was the last payment made on this card?

 

[dkd5366]

reply

The last payment was made last billing cycle, which was last month, I have been paying the minimum payment for years, using a check from my personal account-Thanks for all your help

 

[seniorjudge]

The last payment was made last billing cycle, which was last month, I have been paying the minimum payment for years, using a check from my personal account-Thanks for all your help

Okay, I would try sending them the death certificate, but you must understand that this is going to look very strange to the credit card company. You better have a good story ready for them on why you are just now (after a decade) notifying them of the card holder's death.

 

[dkd5366]

reply

Thanks for the advice, it was mentioned that this could go on my credit report-how would this be possible? I am not trying to steal and identity, just try to clean up a bad situation-Thanks once again for your help.

 

[seniorjudge]

Q: it was mentioned that this could go on my credit report-how would this be possible?

A: Ask whoever mentioned this what is meant by that because I do not know.

 

[Dandy Don]

They only threaten to put it on your credit report to intimidate you into paying up and because they assume you are the only relative assuming the responsiblity of executor, but if they put it on your report you can officially protest to the credit bureau to get it removed, since it doesn't belong there in the first place.

 

[Rhubarb297]

I don't understand why you feel obligated to pay your father's credit card. That debt would have been satisfied, one way or the other, as part of his estate. I don't know what the consequences are regarding your voluntarily continuing to pay it on his behalf. I don't know what the consequences are of someone using the card after his death (which sound fraudulent if not criminal.)

You do sound like a generous fellow though. I bought a car a couple years ago. Still making payments. I could use your help in getting it paid off. Don't you feel responsible for my debt?

Sorry...couldn't resist. Actually I really respect your attitude toward debt. I wish there were more people as responsible as you. You just carry generosity and responsibility to a bit of an extreme.

 

[dkd5366]

reply

Thank you all for the advice, no offense taken at the jab! I am just worried about my family, and any criminal charge if I stop paying on the card-no intent to defraud was made, we just tried to take of a tough situation with the tools that were available at the time-thank you all once again