advice greatly appreciated

Discussion in 'Credit Talk' started by litlmama17, Feb 28, 2002.

  1. litlmama17

    litlmama17 Member

    Hi,
    Thank you all for the help with my mom's credit card problem. I don't feel like I'm fighting a losing battle now. Four of the credit cards are in my dad's name only and two have hers on it also. She does not remember if she is an authorized user or not. Is there any way to find out? I was wondering if I should attempt to call them or go through a debt program, which is best? Again, thanks so much for all the help!
     
  2. uniondiva

    uniondiva Well-Known Member

    you should call and ask for status of account. and then have them send it to you in writing for her records. you can also check to see if he had credit insurance, which would pay off the balance due to his death.

    if she is responsible for the bills, you should request validation.... hate to think that they would lie about her being the joint on the account, but they could. then go from there. She should also order copies of her credit reports, to see where she stands. she may qualify for apr reduction, bt that could make it easier for her to manage these debts.
     
  3. litlmama17

    litlmama17 Member

    Thanks,
    I was looking through some papers and I ran across something from a credit card company. It was credit life on that card. I called the 800 # on the letter and they assurred me the policy was affective. She told me to send a death certificate and they would handle it from there. Is mom still responsible for the others in dad's name only if there was no insurance on them? Things are looking a little better.... Thanks again.....
     
  4. keepmine

    keepmine Well-Known Member

    Glad things are looking up for you and your Mom.
    The cards that are joint, your Mom needs to demand some evidence that she signed the application. Tell 'em they need to send proof of signature.
    As to the 4 in your Dad's name. This gets a bit tricky. First of all, you need to know if you reside in a community property state. If not, you're looking better. Post yourstate of residence and we can help.

    Assuming you don't live in a community property state, the question is did your Dad leave any sort of estate? Any will? A quick thumbnail sketch if he left an estate is, secured debt has preference over any claims and then, unsecured debt. If your Dad left very few assets, the cc companies may well have an empty claim-particularly if you are in a non community property state.

    Bottom line. we need a bit more to go on. You're on the right track though. Keep looking for any sort of documentaion. Make sure your Mom gets all the benefits coming to her. You're getting some tough On The Job Training but, I think you're doing just fine.

    BTW, if your Dad left any life insurance, don't let the cc company try and bluff you into paying with those proceeds. They bypass the estate and flow right to the beneficary.
     
  5. Smitty

    Smitty Well-Known Member

    Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are (I think) the community property states. Got this off a divorce info. website.

    Smitty
    I'm sorry Mr. Debt Collector. But you are... the Weakest Link!
     
  6. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    See this site:
     
  7. Smitty

    Smitty Well-Known Member

    Darnnit! I missed Alaska!

    Smitty
    Score = 90. B+
     
  8. litlmama17

    litlmama17 Member

    Thanks again you'll,
    I'm so glad I found this sight. I live in Mississippi. Dad didn't have a will. They have a home and it is paid for. She used some of his insurance money to pay it off. They also have a place they bought to retire. It is not paid for, very little owed though. What is the worst thing that could happen to her? Can they sue? Do I need to contact them? Sorry for so many questions, but i'm so glad I have found someone with answers. Thanks again. You all are wonderful.....
     
  9. keepmine

    keepmine Well-Known Member

    Your Dad did leave some assets so, the cc companies could file suit against his portion of the estate. Whether they will or not depends on how much is owed and, the possibility of collecting. As a general rule, they wouln't be able to force the sale of assets since, these debts are unsecured. But, they may be able to place a lein against them {asuming the won in court}.

    Were I in your postion, I'd be thinking along 3 lines. First of all, get Mom to a lawyer and see what they suggest. At the same time, insist on the companies that are claiming a joint account between your parents prove it. They have to send some evidence that your Mom signed the application. Finally, I'm assuming you've reported thedeath to the cc companies and sent a copy of the death certificate. I'd at this point do nothing else until you have legal advice. Don't speak with them. Tell the truth. Dad is dead and he left no will and slam the phone down.

    Btw, a 4 th idea. You mentioned you had found one card that your Dad had insurance on. Good find. Is it possible he had it on other cards? Go back through the monthly cc statements and look for an entry for insurance. If he had it on 1, he may have had it on others. Good luck to you and Mom.
     

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