Question for the legal eagles

[michaelmars]

without commenting on the morality of it- if a mother with great credit and no income added her daughter as a signatury on a credit card so that the daughter can use it as her own, were to either passaway or enter a nursing home under medicaid. [the mom's sole income is social security] Would the daughter be liable on the credit card debt?

[taxxcpa]

without commenting on the morality of it- if a mother with great credit and no income added her daughter as a signatury on a credit card so that the daughter can use it as her own, were to either passaway or enter a nursing home under medicaid. [the mom's sole income is social security] Would the daughter be liable on the credit card debt?

My guess would be that the Estate of the deceased would be liable. If there were nothing in the estate, then the credit card company would probably be stuck for the amount. However, if the daughter continued using the card after the death of the mother, then I think she would be legally liable.

A fundamental rule of law is that you can't squeeze blood out of a turnip.

[Pacun]

It really depends on the credit card company. Some companies ask for ss# and others don't. For sure you are liable if you use it after the person dies but if they don't have your ss#, there is not much they can do. Maybe it is a felony to use a credit card when you are an authorized user and the main card holder died.

[jainen]

>>the main card holder died<<

In my opinion, the main card holder was the daughter. According to the original post the purpose of the card was "so that the daughter can use it as her own." In my opinion all parties are ultimately liable, even as a co-signer or second name, especially if they personally benefited. As I understood the opening disclaimer, the question is legal responsibility, not whether you can get away with it.

[Pacun]

>>the main card holder died<<

In my opinion, the main card holder was the daughter. According to the original post the purpose of the card was "so that the daughter can use it as her own." In my opinion all parties are ultimately liable, even as a co-signer or second name, especially if they personally benefited. As I understood the opening disclaimer, the question is legal responsibility, not whether you can get away with it.

"without commenting on the morality of it". I understood this statement as "what's legal without consideration of morality".

You can request a credit card for Mickey Barney as an authorized user if the company doesn't require a social security number. I didn't use Mickey Mouse on the example because everybody knows him.

[jainen]

>>You can request a credit card for Mickey Barney as an authorized user if the company doesn't require a social security number<<

In my opinion, that would not be legal. At least in my state. In my opinion, you can not evade legal responsibility by providing inadequate identification. The individual is responsible, not the name or the number.

[mircpa]

Was that a supplementary card issued to daughter based on mother's existing card. In this case i believe mother is primary signatory and responsible for credit card debt even if daughter uses and dont pay for it. If mother allowed her good credit to be used as a guarantor to obtain credit card for daughter then in these circumstances also i believe mother is equally responsible as daugter not primarily though

[Pacun]

>>You can request a credit card for Mickey Barney as an authorized user if the company doesn't require a social security number<<

In my opinion, that would not be legal. At least in my state. In my opinion, you can not evade legal responsibility by providing inadequate identification. The individual is responsible, not the name or the number.

Remember, the individual will be dead or in a nursing home not in capacity to be trialed.

[taxguy057]

Most banks request to ss# of the person you are putting on the card for use. They normally issue another card in the second person's name, just under original cardholders account number. If the mother goes "wherever", daughter would want to continue to pay on card unless she wants her credit to reflect any non payment. Same thing happen with my mother and grandmother, my grandmother put my mother on a credit card to use. When my grandmother passed away, the card company began calling her for the payments and the account was listed on her credit report.

[Gail in Virginia]

And yet, on the credit card my husband and I have where he is primary and my information (including ss# and income) was included on the original application, I am told that they cannot do anything to change something on the account without talking to him because it is his card. It is my understanding from trying to talk to them that credit cards are not considered "joint" any longer. I would not begin to try to answer this question other than to suggest you ask the credit card company.

[michaelmars]

Thanks everyone. mircpa got the senario correct, the daughter was merely a supplemental card holder, the cards were issued to MOM, Daughter and Son [3 cards on acct] although only daughter used it and paid the monthly bills. As for gail's suggestion, i doubt the credit card company would give an honest answer.

Daughter has no interest in using the card after mom passes but she has lots of debt and is just trying to figure out which cards to pay off first. this card has a high interest rate so normally you would pay it first but if there is no blow-back to her then she wants to just pay the minimum and use her money to pay off her other cards first.

This is why the country is where it is, Mom with an annual income of $12,000 had available credit on all her cards of over $70,000 and with the credit card companies closing down cards of so many people and tightening credit, hers hasn't been touched.