I have a friend who's husband passed away suddenly a few months back. They were only married for a few years. He was ill for a while (but expected to recover) and was unable to work and ran up his CC's to the tune of about $80,000. All of the credit cards were in his name and they did not have any assets jointly held. The problem is that the creditors are becoming relentless and started harassing her daily and even calling her neighbors. She is afraid to answer her phone .. She already mailed the death certs to the creditors....Would there be a better route then the cease and desist letter. What would one do at this point...???
Is this a community property state? Are there assets such as a house with equity? Did she own separate property outside the marriage? For that much money, she should probably see an attorney.
Are they continuing to ask for the husband, even after she has notified them of his death, or are they pressuring her to pay his bills?
PLS Help, friends husband passed aw NY is not a community property state. She does not own a house and all of her other assets where in her name alone. They are aware of his death and are claiming that she has to pay for the debt. Her name was not on any of his accounts and the creditors are trying to get money from her.
PLS Help, friends husband passed aw She should see whatever lawyer she has who is handling her husband's estate. A notice of his death is NOT enough, unless it was accompanied by a legal notice that his estate was insolvent. If he had any other assets, then when his estate is probated, his creditors could put in their claim. In GENERAL, she would not be liable for any unsecured debts on an account she was not a co-signer for, Community property State or not, however, there ARE exceptions to that if the credit was used for "family neccessities" such as paying medical/hospital bills, AND if she has assets that COULD have been used for that purpose instead of the credit cards. If he died insolvent, and there are no assets in his estate, then she should send a letter CMRR to each of the creditors, stating that he has died,( include another photocopy of the dath certificate) and that there are no assets in the estate, that she was not a signatory on the account, and that they are required to cease and desist from any and all further collection activities, that this letter will act as permission to tape any future telephone calls made by them or their agents for the purpose of filing a complaint with the NY State Attorney's Office for fraudulent extortion and harrassment.
