My Mother Passed Away Owing a Judgment to Capital One. – Matthew

“Dear Steve,

My mother passed away from cancer this year and she had a judgement against her for a credit card debt from capital one for like 8 grand. She did not have much money and a lot of medical bills and we do not want to spend all the estates money on a judgement from a stupid credit card company that racked up fees. Plus we do not think there will be enough in the estate to even pay for much of any of it anyways.

I am being signed over the estate soon and want to get some advise before hand? What should I do and do you think I can get it resolved with out having to pay and if I have to pay do you think I will have to pay it all?


Dear Matthew,

I’m so sorry to hear about the loss of your mother. My mother passed away this year as well due to cancer.

Her creditors can only look to her estate to recover any money due. The last thing you’d want later on is a claim by the creditor that the estate did have assets and they were not paid. It’s just a confrontation not worth having if it can be avoided.

The chances of it happening though are probably not great.

However, erring on the side of caution here I think you’d be smart to find a local estate attorney and run the situation past them. If the estate . The laws of your state will lay out how the debts of a deceased person will need to be paid.

Please post your responses and follow-up messages to me on this in the comments section below.


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Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
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