my mother passed away with over 50,000 in credit card debt. she has no insurance and no estate. i am getting letters from collectors and letters from places that say they are lawyers but appear to bbe collection agencys. can they make a son inherit there parents bills....
2007-05-03 15:14:13 · 13 answers · asked by paul_rolfzen 1 in Business & Finance ➔ Credit
No as long as you were not joint in the accounts with her and you didnt sign a personal guaranty.
Collection agencies do have inhouse attorneys as far as the letters go.
What you need to do is notify them that she has passed and than sent them a copy of her death certificates. They will close the accounts and take their write-off. Dont worry they have insurance too.
Additionally, not only can they not pin it on you...FDCPA says they can not discuss it with you. Its third party disclosure.
2007-05-03 19:07:12 · answer #1 · answered by smile4cobra 3 · 0⤊ 0⤋
This plan is so peppered with potholes the axle of the truck will break. If your mom puts you on title then she has made a taxable gift to you. She could have a signficant gift tax problem based on how much the house is worth. It sounds like this title transfer is being done to avoid paying off these credit cards. If so then the entire transfer can be reversed by the court. Here is what will happen. The credit card companies will probably sue your father's estate and win. Then they will attempt to collect. Putting a lien on the property might be one step in that process. You both need to speak to a real estate and tax attorney before you do this. One final thought. Your father ran up that debt and there appears to be a means to pay them. Don't you think the credit card companies deserve to get paid?
2016-05-20 00:15:26 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No, you can't inherit somebody else's debt.
The estate can be raided to pay off the debt (and whatever you take from the estate can be claimed by the creditors) - so be darn sure to keep her assets totally separate from your own.
If she gave you money or assets while she owed them money, they may be able to claim that - depends on the state.
There is little you can do to keep them from trying to collect. That's what they do. When a pigeon poops on you it's only being a pigeon.
You may wish to hire an estate attorney for an hour to get the local laws laid out clearly. Could be the best $200 you ever spent.
2007-05-03 15:21:41 · answer #3 · answered by Richard of Fort Bend 5 · 1⤊ 0⤋
First of all, sorry about the loss of your mother.
Next, these vultures probably started calling you before the wake, huh? These people are DISGUSTING! They will try and harass you into paying her bills. They will try and get you to sign something that will hold you LEGALLY responsible for her bills. Do not sign anything. In fact, send them letters (don't sign them, just initial them, signatures have a weird way of "jumping" from your document to theirs when sent to collectors) telling them to stop calling you or mailing you or you will sue. Make sure to send it registered mail.
www.clarkhoward.com has a message board that you can post your question on as well. Clark is my personal favorite radio personality and one of his staff may be able to help you a lot better than I can. The link is http://clarkhoward.com/p/boards/ch/wwwthreads.pl
Also, you can call his staff and ask for help. If all else fails, contact an attorney.
Good luck
2007-05-04 20:17:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If an Estate is insolvent then the credit card companies are out of luck. However, if someone else was using the cards, then the credit card companies can go after them.
2007-05-03 15:26:25 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Paul
There is no way that they can collect a cent from you,
unless you co-signed also, it is illegal for them to state t
hat they are attorneys if, in fact they are not
Please have a look at the link below.
Sorry to hear about your Mother
2007-05-03 16:56:47 · answer #6 · answered by justgetitright 7 · 1⤊ 0⤋
I found out when my dad died I wasn't responsible for his bills. Once there dead they can't collect. Send them a card from the funeral home with his date of death. That's all you got to prove. Change your phone number and get an unlisted number. after you do this it will go away.
2007-05-03 15:22:58 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Check w/the billing statement. . Sometimes, there might be life ins on the card , That would be a big help.
Do you have an attorney???
2007-05-03 15:19:12 · answer #8 · answered by Barry auh2o 7 · 1⤊ 0⤋
no -you are not responsible for your moms debts.you say there was no estate so there is no money from your mom to cover these debts.i would write on the bills outer envelope return to sender addresse is deceased. if they call tell them there is no estate and your mom left no money to cover the debts tell them not to call you anymore you are not responsible.they will have to write it off as a loss.sorry about your mom good luck to you!
2007-05-03 15:28:30 · answer #9 · answered by dixie58 7 · 1⤊ 0⤋
Unless you name is on the bill as a co-signer - NO, they can not - In fact all you need to do is send them copies of your Mom's Death Certificate (a few times) and that's the end of it...
2007-05-03 15:23:05 · answer #10 · answered by glisten1971 2 · 2⤊ 0⤋