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deborahparlett Asked September 2019

Who is responsible for mother's debt when she dies or is it written off? She has no assets except her Social Security which she lives off.

I'm my mother's POA, she has no life insurance, no assets and I worry about who they'll come after when she dies. She had hefty credit card debt before she became ill. I'm on Social Security and don't really have any assets either.

AlvaDeer Sep 2019
You are not responsible for your Mother's credit card debt unless you personally are listed on the card and have made purchases. When an individual dies their ASSETS stand to pay their DEBTS. If she had assets you or whomever is the executor of the next of kind managing a probate would have to pay her debts. If she has no assets there is nothing to pay. They cannot take YOUR assets. Be CERTAIN never to pay HER debts, as that could be interpreted as "assuming her debt" , for instance saying her debt is now your debt. Simply send notices to bill collectors that your mother is deceased and left no assets. Very very sorry for your loss. But no more worries on this one.

anonymous912123 Sep 2019
She is judgement proof. Ignore the collection agencies and threats, there is nothing that can be done against you.

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GardenArtist Sep 2019
W/o any assets, your mother is what is known as "judgment proof."

Creditors may try to collect from you, but remember Vegas Lady's advice and don't let them intimidate you.   If they begin to send letters, there are provisions in the Fair Debt Collections Practice Act which you should follow, to deny liability.   If it reaches that point, post back for more information on the FDCPA, but it may not get that far.
deborahparlett Sep 2019
Thank you!
vegaslady Sep 2019
Quit worrying. If the unsecured debt is solely hers, when she passes without any estate the debt is uncollectable. Creditors may try to guilt you or convince you to pay her debt. Don't. You are not responsible and they can't take your SS. Quit worrying.
deborahparlett Sep 2019
Thank you!

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