Posted on: 22nd Feb, 2010 05:26 am
My Husband died Aug22,09. Had 5 credit card debts. Enrolled in a plan to pay them off. Three accepted but two did not and are after me to pay. My name is not on the cards. This is the state of Ca. I have sent death certificates twice as they ask for and they said on the one account after receiving the certified death certificate they would close the account.. What does that mean? The other account went to collections and they said that if I sent in $84.00 by a certain date, that apon clearance of the payment they would consider my account closed. I did this and they still are sending me the bills.
There was no estate. We didn't have any money in the bank and we have only rented all our life.
Thanks for any advice you can give.
There was no estate. We didn't have any money in the bank and we have only rented all our life.
Thanks for any advice you can give.
resist those companies who want you to pay them for a debt that was not your own. if you had no obligation to make payments when your husband was alive, then you have no obligation to pay now, either.
you should never have had to pay that $84. it's worthwhile to retain legal counsel for yourself, but as an alternative, contact your attorney general's office and ask about legal aid. legal aid is free for those who need it, and you do - you stated you have no funds to begin with, and that's a pretty good qualification for help.
you can also contact the federal trade commission at ftc.gov and let them know what these companies are doing to you - it is not right. please act at once and fight for your rights.
you should never have had to pay that $84. it's worthwhile to retain legal counsel for yourself, but as an alternative, contact your attorney general's office and ask about legal aid. legal aid is free for those who need it, and you do - you stated you have no funds to begin with, and that's a pretty good qualification for help.
you can also contact the federal trade commission at ftc.gov and let them know what these companies are doing to you - it is not right. please act at once and fight for your rights.
I'm sorry to hear about your husband's death, and I hope you can find some help here with the situation you're in.
George does give some excellent advice. If you weren't a joint account holder on the credit cards, then the debt shouldn't be yours to worry about. Once the credit card companies find out the estate is insolvent, they will close the accounts and charge them off.
However, you do live in a community property state. This makes things a bit more complicated because it's possible that the debt could be transferred to you just because you were married. I believe there's case law that goes both ways. You should really speak with legal counsel about that.
George does give some excellent advice. If you weren't a joint account holder on the credit cards, then the debt shouldn't be yours to worry about. Once the credit card companies find out the estate is insolvent, they will close the accounts and charge them off.
However, you do live in a community property state. This makes things a bit more complicated because it's possible that the debt could be transferred to you just because you were married. I believe there's case law that goes both ways. You should really speak with legal counsel about that.
thanks, josh...i'm not in a community property state, so those circumstances elude me. i think it would be heinous if a spouse would be found to be responsible for the debts of a deceased spouse, however. i sure hope the law is explicit in not allowing such a travesty.
seeing that post from josh made me curious enough to do some research. i found information at the federal trade commission website. go here:
http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt159.shtm
that page i linked has information specifically directed to paying the debts of a deceased relative. one item that sticks out in that advice is that they suggest that you speak with an attorney to determine if you're legally obligated to pay the debts of your deceased loved one. and not just any attorney, either...an attorney who is knowledgeable about this area of the law.
http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt159.shtm
that page i linked has information specifically directed to paying the debts of a deceased relative. one item that sticks out in that advice is that they suggest that you speak with an attorney to determine if you're legally obligated to pay the debts of your deceased loved one. and not just any attorney, either...an attorney who is knowledgeable about this area of the law.