Are you asking about the morality or legality of your situation? Everyone here has been posting about morality.
If you have legal questions you need to speak to your lawyer again.
If you can’t pay for both the house & the credit card debt, pay for the house. Secured debt must take priority. Unsecured debt can, if the estate is completely out of funds, be disregarded. Legally, morally, practically.
That said, go with the path that loses the estate the least money. Don’t just assume the CC company won’t find out what’s going on. I think losing equity in the house might be worse than giant credit card fees, but it might not. Run the numbers, & see which is worse to not pay.
But I’d err on the side of hanging on to the equity.
Actually I wasn’t asking what I should do, I do know to pay the house now and let the credit wait until the rest is settled. That’s what supposed to happen as is.
My question is, I find the creditors, send them the paperwork the law says I need to. They in turn either submit the correct paperwork on time, or they do not submit. I’m not even sure if the estate would be allowed to pay back someone who did not respond properly. I think I’ve been using the word “I” the same as estate in this case, because to me they are the same. I personally will not, and have not been paying any of the bills. The estate, on the other hand has been paying for the house.
So it stands, does the estate pay up 5 years from now? 10 years? 20 years? The law clearly says that if someone does not come forward within six months they are SOL.
Here’s another example: My mother just bought a lawn mower, it was on one of those twelve month defered payment plans. The estate knows about it so I have to send them the notice. However, what would happen if the estate didn’t know about it, then when the year was up they sent a bill. Should something like that be paid? There is no way that the estate can know about something like that if they do not bill every month.
Again I have been using the word I for estate, I’m not personally paying for anything the estate is. Nor will any credit be paid until the estate is sold, I don’t have to and there is no reason to.
No I know the legal questions, I was asking if the estate knew about debt, but they did not put in the proper paperwork in time does the estate still owe them.
I think these new rules change the situation a bit. Rather than hiding out and hoping they don’t notice her passing on, you are informing them of the situation, giving them full and open communication about it, and allowing them time to file (as is standard for your state) That is more than enough effort on your part.
While I’m all for paying back debts, I don’t think the debtor needs to hunt the creditor down and shove money at them. There’s a difference between being open and having the creditor just be lazy and being secretive about the situation.
A small point I haven’t seen addressed: that credit card debt is still accruing interest, isn’t it? I would have thought it better to speak to the mortgage company and agree a payment holiday prior to sale and to pay off as much of the credit card debt as possible. Just suppose that EtH gets a letter after 179 days, when the estate owes an extra $1K? Or simply ask them to freeze the debt until the house is sold.
Is the house really going to take 6 months to sell?