Internet's first get-out-of-debt community - 123,000 members

Okay here is the scenerio....My wife's mother died last August 27, 2006--almost a whole year ago. Now when a person dies, whatever money that person owed or had debts to a company, especially like credit cards terminates with them....By law, survivors aren't obligated to pay those debts...unless of course whatever debt it was, say a loan, etc was a joint account.
When my wife's mother died, my wife did cover letters, filled out forms and sent copies of her mother's death certificate to each and every place her mother had debts too. So you would think that's that, right?

No siree. Wrong-o. So here her mother's gone almost a year, and she was still being hounded by some of these debt collectors, including the jerks at the hospital where mother died. Early on, when mother first died, my wife sent a copy of her death certificate which in a way was dumb, as this was the hospital...so of course it was on record her mother had died. A month after mother died, my wife get a call from these jerks, and even she said my wife wasn't obligated to pay the bill....oh, sure like she could cough over, over $6 grand at a blink of an eye...NOT...So this person says, send a copy of the death certificate..Like duh? my wife already did that,but sent another one out anyway...another month passes by...same thing..Same woman, and she says we're still waiting for the death certificate..my wife sent it, sent it, sent it...But send another one anyway--Long story short..my wife is still being bugged by not only these people but other collection agencies.

Like what the he!! does it take to get these people off her backs already, almost a whole year afterwards? I'm thinking, gee, maybe my wife should go to the hospital to their billing/payment office. Say whoever is there, mother would like to pay her long over-due hospital bill. Here she is...and present them with the jar with my wife's mother's cremated remains....or how about this, suggest we hold a seance so she can pay the bill

Has anyone else gone through this aggravation when a person dies, and is hounded by collection agency for debts that aren't your responsibility to pay??

Posted: Mon Sep 10, 2007 3:19 am Subject:

I would send a "debt validation" letter, their are many drafts you can choose from here, to each and everyone of those places asking them for proof which will put the right name on the debt and send it certifed mail with a return reciept.. Also, I would click on the "free consultation" button that is to the right of this post there they can point you in the right direction. You have come to the right place for help.

all the best,
Luke

Posted: Mon Sep 10, 2007 4:49 am Subject:

My condolences on your loss, first of all. And sadly, the housekeeping in most hospital billing offices isn't the greatest, as you have learned the hard way. I would do several things here. First off, any more correspondence you send on the debt needs to be sent certified, with proof of signature. This throws the ball back into their court, showing that yes, the hospital and/or the collection agency got it and it is on them to find it.
And second, if it's possible, I would also walk this information to the billing office and get the name of the person you handed it to. This is also insurance that they indeed got it.

Posted: Mon Sep 10, 2007 6:09 am Subject:

Sorry about your loss... Your mothers estate would technically be responsible for all outstanding debt if it had any value. The executor of the estate would be responsible for settling these accounts with estate funds if any. That does not mean you have to pay any of these bills with your personal money but if there was an inheritance or the estate had any value which would include home equity, retirement funds, pensions, cash and so on then in general outstanding debt should be paid first. If there is a small value and you can afford an attorney I would consult one because some of the assets might be protected but I do not know for sure. If the estate had no assests i.e. she was living from pay check to pay check and rented then the creditors are out of luck.

There is no way they can attach that debt to you unless your name was on the debt to begin with. I would send them certified mail the death certificate and maybe a DV letter if they are trying to say the debt is in your name. After that I would cut all contact with all of her creditors unless your name was on some of the debt or if there was value in the estate. I think it would be possible for a creditor to sue an estate if they thought there was value and they were not getting their share.

Posted: Mon Sep 10, 2007 6:24 am Subject:

And if the above is not an issue I would definitely make the director of the hospital aware of it's collection attempts.

HelpfulInfoLady · Posted: Mon Sep 10, 2007 12:38 pm Subject:

You must seek an attorney and set up an estate to stop all this bs.

Posted: Mon Sep 10, 2007 7:52 pm Subject:

I am so sorry to hear that your wife is dealing with this, as this is the last thing that she needs are bill collectors hasseling her for money from her dead mother Sad

ladybug

Posted: Mon Sep 10, 2007 7:57 pm Subject:

Probate law differs in each state. Look up yours.

Posted: Sun Sep 16, 2007 9:04 pm Subject:

Posted: Mon Sep 17, 2007 12:55 am Subject:

I am pretty sure the money she left you would be considered her estate. Do like Law Student advised, and check your state's probate laws. Do what you are required to do, then send cease and desist letters if the collection attempts continue.