Lefkovitz & Lefkovitz

Nashville Office 615-256-8300       Cookeville Office 931-400-2218

Nashville Office 615-256-8300
Cookeville Office 931-400-2218

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Who is obligated to pay the debt of a decedent?

On Behalf of | Mar 1, 2017 | Chapter 13 |

In many cases, Tennessee residents die while they still owe money to credit card companies. Some family members may worry that they are obligated to pay these debts, and debt collectors and creditors may attempt to give people this impression. However, in the majority of cases, people are not responsible for the credit card charges made to another individual’s cards.

While there are a number of reasons that someone might be obligated to pay off someone else’s credit card debt, it is usually due to being an account holder or a co-signer on a credit card. Additionally, if a person lives in a community property state, which Tennessee is not, then their spouse may be obligated to pay for any debts that they owe.

There is another situation where someone’s debt may affect their family or beneficiaries. If a person passed away while owing money to a creditor, their estate will be obligated to pay off the debt before distributing that person’s assets. Therefore, while someone may not be obligated to pay off a credit card, individuals may receive a smaller amount of someone’s property than was designated to them in a will.

If someone is struggling with unmanageable debt, one option is to file for bankruptcy. There are several advantages of a filing, including that people may be able to stop or prevent a foreclosure on their home. Additionally, this filing may allow people to have some of the debt they were not able to pay off discharged. To be eligible for filing, people must meet a number of requirements, and a lawyer could explain what they are.

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