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  1. #1
    Join Date
    Nov 2005
    Location
    southcarolina
    Posts
    1

    Default my fathers credit card debt what to do after death

    I need help my father wants to put me over his will but he has lots of credit card debt and is getting sicker every day my husband and i cannot aford his debt what do i do plus he has a car payment what happens with it (no life insurance either)HELP ME !!!!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,430

    Default Estate Planning & Debts

    Your father's assets can be inherited; his debts cannot. That is, if he drafts a will leaving his assets to you, his debts would normally be paid out of his estate and you would inherit his remaining assets. For secured debt, such as the car, you would normally have options including surrendering the asset to the lienholder (lender), or selling the car to pay off the loan (with any excess going into the estate).

    You may wish to see if he can get help with basic estate planning from an elder law organization or legal aid. You may find these resources from the ABA to be helpful.

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