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I'm a co-owner / joint account holder on my 98 yo mother's checking account, and her POA. I pay her bills from this account. She also has 2 credit cards under only her name at the same bank. I pay the minimum due each month from the joint checking account. When she dies, will I have any liability for those credit card balances? Everything I read seems to indicate no. But, I want to make sure, as there will be nothing left to pay them with when she dies (all her income goes to AL facility). I don't want to be liable for her credit cards if I am a joint checking/ co-owner account holder. When I called bank today to verify I was a co-owner not just co-signer, they said there were no other accounts under my name, so definitely the credit cards are only under her name.

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wicki100, just curious why you only pay the minimum due each month instead of paying in full. If there isn't enough in the bank account to pay in full, then time for Mom to give you back the credit card. Otherwise, with interest piling upon interest, over time what ever was purchased could now cost double.

You are not responsible for your Mom's debt, but her estate is. Thus, if there are assets in the estate, the Probate Judge will assign the required funds to the creditors.
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wicki100 Sep 2022
There is no money left.. Her very limited income goes to partially pay her AL and we pay the rest (children). I do understand debt very well. I paid all mine off 3 years ago. I was just asking about liability in this particular case. I wish I had the luxury to pay back in full. Not possible.
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No. You will not be personally liable to pay her credit card bills. If you contribute money into your joint bank account with her, that should stop immediately. Whe her estate is probated after she passes any institutions she owes money to will put in a claim to the estate to be paid. If there's a joint account with her name on it, that is considered part of her estate and they can collect payment. Keep the balance in that account as low as you can so when the time comes for probate, there won't be much for debtors or inheritors to go after.
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wicki100 Sep 2022
Thank you!
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It's my understanding that only the person whose name is on the card will be liable at death.

My two children just went through probate for their deceased dad's estate which was mostly debt.

It was in South Carolina. He had around $40,000 in credit card debt which the probate attorney advised them not to pay. The banks did not file a claim against the estate and they ended up not having to pay it back out of the estate.

Their dad did however have tax debt to both the IRS for about $30,000 and to South Carolina for about $28,000 and they did have to pay those from the estate. The tax debts don't get written off. Hopefully your mom doesn't owe debt to the government.

Hope that helps.
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wicki100 Sep 2022
Yes, thank you that is actually very helpful.
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You should not be. That is her personal debt. Is that card tied to her banking account as a debt/credit card? If so, you might want to ask a lawyer in your state to be sure (if you are co-signer on her bank acct). Do you ever use the card or are you considered as a permissible user? I would ask for rules in your state.

Another consideration would be, will there be money left in the estate when she passes. The credit card company would have to file a claim against the estate to try to claim any outstanding balance.
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wicki100 Sep 2022
Thank you so much for taking the time to reply. She has no money left other than her monthly limited income, so the credit cards (not tight as a debit card to her account) will go unpaid. I'm a co-owner of the account but I only use it for her expenses, and have no desire to keep / use the limited money in it after she dies, because she will have left behind debt.
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If you are not on the account with her credit card then NO you are not libel for her debt.
My Mom has a Trust Account. If you do not have one I'd suggest you investigate that option. It stops Probate Court from coming in after she passes.
My Mom too has a separate personal bank account with credit cards. Once I got POA I closed her personal checking account. We only have the Trust now. Mom was the Executor I got her to sign off so I was the Executor. That took her name off all banking accounts. She can not even go to the bank and ask questions now much less get on the phone and use the credit card to charge stuff. I would not suggest you leave her with an option to call and buy things. I was worried my Mom would give all her money to some TV Evangelist or donate to the Hope Ship as her Dementia has destroyed her short term memory. I could not take that chance & don't suggest anyone leave that door open with a family member who has memory loss due to Dementia.
A Trust account stops Probate from coming in upon death. What a probate court is looking for are availability to get Death Taxes from the assets. The probate court doesn't like investments. They like cash. So they will sell investment assets to get everything into a cash situation were by they can take their cut and the family airs can divide up what is left. A Trust Account stops that. Just FYI.
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No
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wicki100 Sep 2022
Thank you
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Her estate would be responsible for her credit card debt.
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wicki100 Sep 2022
Thank you so much for taking the time to reply. Yes, this is the consensus.
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In my personal experience you will not be personally responsible for any of her debt when she passes. Once her money is gone, it’s gone. If she has no house to sell or estate to settle the creditors don’t get their money. You are not responsible. What I would do is when she passes is take the death certificate to the bank and have her name removed from the bank account, or maybe do it now with your POA.
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wicki100 Sep 2022
Thank you so much, that's actually a good suggestion, though I actually just use the account for her bills, and I don't deposit anything in there nor do I pay any of my bills from there. We just added my name a few years ago to make it easier for me to manage it. Thank you!
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I haven’t read the other answers, but I don’t think you’re liable for any credit card debt. My neighbor just went through that when his wife passed last year. Talk to your bank, they should say same thing. Kohl’s was trying to get me to pay for my sister’s debt.. I wasn’t even on her card (or on any of her accounts).
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wicki100 Sep 2022
Thank You so much for taking the time to reply. Yes, this is what I have heard from multiple people and my Google searches, I think I was just looking for reassurance. Thanks again!
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You'll need lots of copies of the death certificate from the funeral home. Notify the credit card company that she is deceased and offer to send a death certificate. No payments should be made after her passing. It's how I handled it with my father's passing.
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wicki100 Sep 2022
Thank you so much! This is exactly what I've heard from everyone and I just wanted confirmation. I so appreciate it.
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