How do it get creditor to remove my deceased husband debt from my credit report.?

Question

My husband gave me an American Express Gold card as a gift. He was the primary card holder and guarantee of the account. I never signed a contract with them nor made a payment. One card was in his name and the other(different #) was in my name. He passed in 2003, and AMX canceled the account and fail to file the debt against his estate. Now they are harassing me and my credit. Am I liable?

All creditors were notified and provided a death cert.

All creditors were notified and provided a death cert.

There were no assets in my husband estate. He had a "WILL", Our home was joint, we did not share joint credit accounts. all those in his name were desolved. Only AMEX is going after me because of the gift card I used. He actually had the account well before he gave me a gift card.

Answer 1

First off you are NOT responsible for your husbands debts. Are you sure you were only an authorized user and not listed as a co owner of the CC? If he had money in the estate....like cars only in his name, bank accounts only in his name, then they may have a claim against the estate. Anything in both names is automatically transfered to you (including bills in both names) They will try to harass or at least try to get their money. My husband died 3 months ago and they do call me. I have told them that there is no money and they suggest that I take out a loan. I said no. They told me they will continue to call perriodically to check if more money gets in the estate. Once the estate is closed they should not bother you.

Answer 2

This is one of those cases where all the answers are both right and wrong.

The problem is that each state has a variety of probate laws. Without knowing your state law we really can't advise you on what to do.

For example, if you were in Michigan, you simply tell the creditor to contact the Probate Court and file a claim.

But since you, as the spouse, received the estate, they will be coming after that estate. So in effect you will be owing the debt.

Answer 3

If we assume you are not liable under your states law, then your husbands estate is. The problem is, if you received assets from his estate and there is nothing left in the estate, the creditors will argue that they have a right to recover the assets you received from the estate. This effectively make you liable. You should consult an attorney that specializes in probate cases in your area.

Answer 4

Unless you live in one of the four non-community property states, you are liable for your husband's debts, and he was entitled to pledge your credit, the same as you could have done with his. I suppose, properly speaking, Amex ought to have filed against his estate, but if you failed to notify them of his demise, that's on you, not on them. Now you've gotten to the point where nothing short of retaining a lawyer is going to straighten this out, satisfactorily or not, remains to be seen.
As a point of interest, it's always a good idea to notify your creditors of changes in the circumstances of your life. They don't know if you don't tell them.

Answer 5

If you were an 'authorized user', you were not a joint account holder. You are not reponsible. Keep agressively notifying Amex, and keep disputing it on your credit reports.

If all else fails, you may have to take them to court.

Answer 6

You are not liable but your husbands estate is. Whether they want to do it or not they have to file against the estate. It is Federal Law and you want them to file against the estate. I say this because then it becomes a deduction from your husbands taxable Estate. The more deductions you have the less Estate Tax you have to pay.

My advice would be to get an attorney and allow him to handle the problem.

Answer 7

1) Pull your credit report from all 3 bureaus
2) Dispute the listing by Amex and any collection agencies hired to handle that account
3) If verified, write to the credit bureaus and ask for method of validation.
4) Write to Amex and ask them to send you
*a copy of the original contract signed by the debtor(s)
*Name of debtor
*Address of debtor
*Balance of account
*Date the account was originally opened
*Date of Last Activity on the account, including proof of the date of last activity

5) Write to the collection agency and demand this:
*Tell me what this money is for that you say I owe
*Show me how you calculated what you say I owe
*Give me copies of any papers that show I agreed to pay what you say I owe
*Show me that you are LICENSED in my state, and give me your business license number
*Do not contact me about this debt or any other matter you have, except to provide me with proof that I owe what you say I owe
*Agreement with your client that grants you the authority to collect on this alleged debt
*Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor

Do not talk to anyone over the phone, it must all be in writing so that you can use it against them, if necessary.

The credit bureaus have 30 days to respond, plus 5 days to answer (35 days). They may use stall tactics, but don't give in to them (if they need ID, they still only have 30 days). After that, they must delete it from your file.

The creditor and collector only have 30 days to respond. Otherwise, it must be deleted from your credit file.

I would say that if you husband got it for you as a gift and signed your name on the application, that would be considered fraudulent (I hate to say it, but it's true).

Answer 8

Contact your creditors, credit reporting agencies, etc. Each company has different policies, but I'm pretty sure you will have to produce a death certificate and pay the outstanding balances.

Answer 9

You should have contacted AMEX right away. You can contact them and give them proof of his death and see if they accept it. If there was no insurance on the card, as wife you become responsible of the account.

Answer 10

you should not be find out who is in charge of banks department of banks and take it to them
sorry i am a canadian but it just sounds outrageous