My husband died 22 months ago. I did not pay any bills that were in his name only. That would be cc's, vehicle loans, and student loans. He left me $60 in his wallet, and 6 kids. I told his creditors that he died with no money, no life insurance, and therefore there is no estate. I thought all his creditors had decided to leave me alone. I started receiving calls from a ca, telling me that if he owned anything at the time of his death, cars, home, etc,, they could get money from me. I only called them to ask them to stop calling me because of the there is no estate. They continued to call, and I called to tell them to stop calling and harasing me. He told me that if I did not file an estate, then I am personally responsible and they can come after whatever was in his name at the time of his death. Is this true? Any help would be greatly appreciated. This is so very stressful. I am not really dealing with his loss well, and this is distressing to me. Thank you.
You don't get your legal advise from people trying to get money out of you. They will always tell you what furthers their goal. Telling someone to stop calling accomplishes nothing. Even to evoke C&D rights under FDCPA would require notice in writing. Whether you are liable or not may depend on your state law, whether any assets were community property, etc. You may want to talk to an attorney, just to see how to end this permanently. There may be streamlined processes for closing estates in your state, or the fees may be based on the assets involved, according to state statute. Are you in a community property state or not? What assets did you own in common? What assets did he own separately? What debts did he have separately? Gather all your information, and see a probate attorney. It may not even cost you to at least see what your choices are.
I just can't believe this. I was sure that I was not responsible for bills that were not in my name. No one ever mentioned to me that this could happen. This is just too much. I am already in so much pain from his sudden death. Why can't these stupid people leave me alone. I live in Ohio. I think it is a community property state. I don't know exactly what that means. I know that whatever was in his name became mine. I'm pretty sure that's how it works.
Don't guess. Don't worry about what might or might not be. Find out, from someone who can represent your interests, what your situation is, and what your options are. It is in the interests of any CA to try to place the full responsibility on you, whether it belongs there or not. What they might threaten to do, and what they can practically do, are also two different things.
ontrack is right. Talk to an attorney. In Maryland, if someone dies with less than $3000 (or $5000, or some small amount) you go and file paperwork with the court. They may publish that anyone with a claim could file. I'm not sure about joint property, and I know it varies by state. If they can't take joint property, you can give the $60 to the court and they can divide it among the creditors. Talk about pennies on the dollar!!! Once the court decrees that this is the final settlement, it is.
I'm so scared. I am having a very difficult time as it is, financially and otherwise. I still have 4 minor children to support, and 2 children in college. Right now we are living only on the social security, and since my husband never made alot of money, we are far from well off. I will find out who I can speak with. I must find an attorney for free through contacts, or maybe legal aid. I thought being a widow was torture enough. It just never ends. Thanks for the advice. I had no idea that this could happen. I had returned everything that came in the mail by marking the envelopes that he left no estate and no money. I'm not as smart as I think I am.
Found State law info... Look what I found: "Creditors (people to whom the decedent or his or her estate owe money) have one year from the date of death to present their claims against the estate. Any claim not submitted within one year is barred forever." It has been more than one year. Does that mean that they are breaking the law by calling and telling me that they can come after me if there is no estate (which is what I told them, and the truth), or does it just mean that they are bothering me in the hope that I will think I have to pay them? I also looked up the collection agency and found this as one of the "special" areas of collection listed on their website: " DECEASED AND PROBATE COLLECTION SERVICES" What kind of person would actually take that job....
Found State law info... "Creditors (people to whom the decedent or his or her estate owe money) have one year from the date of death to present their claims against the estate. Any claim not submitted within one year is barred forever." State laws vary, and it may be public notice must be given. See an attorney. Fees are often set by law, and smaller for smaller estates. "Does it just mean that they are bothering me in the hope that I will think I have to pay them?" If it works, they will do it. "I also looked up the collection agency and found this as one of the "special" areas of collection listed on their website: " DECEASED AND PROBATE COLLECTION SERVICES" What kind of person would actually take that job...." Even people with debts die. You need to be able to move on. The legal process of settling estates is intended for that purpose. To find a good attorney, ask friends, professionals you have used in the past, other attorneys, CPAs, a banker you may have worked with, others likely to have dealt with similar problems), etc. Same way you would choose any skilled professional.
Found State law info... I meant that I found this information for MY state. I don't think they can come after me because it has been over one year. Thanks!
Found State law info... That's a good question to ask an attorney. By the way, many will give you an initial consultation free, which may be all that you need. Where I live, you have to put an announcement in the paper, if they don't reply within a certain time they are barred forever. But it may be that you have to post that notice. The interesting thing is that when I was helping settle a (very) small estate for someone, the clerk of court was very helpful and said why don't we just put it in XYZ paper. That is a small, local, free paper without a wide circulation. One of those that shows up in your mailbox or driveway and you probably toss it. But the legal requirements of publishing were met, and it only cost about 20 bucks. If you don't want to talk to an attorney, go to the clerk of court at your local courthouse, find out who handles estates and talk to them.
Found State law info... Thanks for the reply! i did email the attorney who helped me save my home from foreclosure after my husband died suddenly. I wasn't even sure he would answer me, but he did. He asked for the name, address and phone # of the ca, then sent an email today that he called them, told then he was my attorney, and they were not to contact me again. I had no idea he would do that! I still don't know if I messed up by not filing any paperwork when my husband died. But, I am not worried anymore, not only because the atty. called them, but also because I found the info I posted above about the one year rule for collecting. It is so upsetting to be hounded by the ca people for my husband's debts. I thought it was all over many months ago. They can be so heartless. I know they have a job to do, but I don't know how they can say what they say and do what they do. Especially the ones who seem to assume that I am pretending my husband is dead to get out of paying a bill. There are no words for how sick that is... I don't want to bother the atty again to see if I messed up and I guess it doesn't matter now. I hope this is the end. Thanks for helping,
Found State law info... When people get paid for being "sick", they will learn how to be "sick". The most successful ones will learn how to be the sickest. In the absence of effective penalties for illegal actions, the weaker the legal case, the greater the incentive for extra-legal tactics.
