Does my daughter have to pay my deceased mother’s credit card debt if she was also on the account?

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Does my daughter have to pay my deceased mother’s credit card debt if she was also on the account?

My mom added my daughter to her account in case my mother needed her to pay her bills or what every else she needed. My mother has passed away. The credit union is trying get my daughter to pay off my mother’s credit card. It was my mother’s bill not my daughters. Can they do this?

Asked on August 20, 2010 under Bankruptcy Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  No, they can not.  If your daughter was only an additional cardholder and not the person who signed the contract to open the card (the credit card agreement) then she can not be held responsible for the debt.  Your Mother's estate is responsible for the credit card debt.  The only way they could even try and hold your daughter responsible is if they prove that she made the purchases for her benefit.  That would be difficult at the least.  If they call her again tell her to ask them to send her a copy of the original cardholder agreement with her signature on it.  Then tell her to tell them that if they can not, and they continue to harass her, she will report them.  Good luck.


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