Legally responsible for deceased parent CC debit?
Date: Mon, 08/04/2008 - 10:26
My condolences on your loss. Normally, unsecured creditors woul
My condolences on your loss. Normally, unsecured creditors would be paid form the estate after the secured creditor's claims have been satisfied. If there is no estate remaining, then the unsecured creditors will generally have to write off the debt. Unless you are a joint account holder, you have no financial responsibility whatsoever. Send each creditor a copy of the death certificate with an explanatory letter CMRRR. Also, if it has not already been done, send the same info to the CRA's so no further accounts can be opened.
When my father died, he had several credit cards and other debts
When my father died, he had several credit cards and other debts. Whenever I received a bill or collection notice, I would send a copy of it back to the creditor with a note written accross it stating that he was deceased. I attached a copy of the death certificate to it. Most of them wrote off the accounts right away. A few of them kept selling it to different collection agencies, and then I would send them the same notice. None of them ever tried to say that I was responsible for the debts. None of the balances were mine, but legally I don't think it would make a difference in your case because you were not the person who was legally obligated to pay the bill.
Thank you all for the speedy response. I sorta expected that the
Thank you all for the speedy response. I sorta expected that the consensus would be that I'm not responsible. I just want to know before I "pull the payments". One additional note, because I was making the payments online through my banking account, the CC doesn't have any write to "tap" into my account do they?
NASCARDEVIL - what is CMRRR?
Certified Mail Return Receipt Requested The CC company has no
Certified Mail Return Receipt Requested
The CC company has no right to try and pull from your account. It's likely they didn't care where the payments came from while they were being made. They might take a closer look at who's name was on the checking account. Don't be surprised if they attempt to pressure you into paying the debts.
I don't want any hassles from creditors. Some years ago I went t
I don't want any hassles from creditors. Some years ago I went through that nightmare for my own debits and it was not fun. Does a death certificate basically end their pursuit of the debt?
They should write the debt off completely and not add it to any
They should write the debt off completely and not add it to any portfolio of CO'd accounts they sell off to a JDB but mistakes do happen. In the absence of an estate, the death certificate should be sufficient to extinguish the existence of the debt in its entirety.
condolences on the loss of your dad ... I miss mine every day!
condolences on the loss of your dad ... I miss mine every day!
As I said previously, with my dad, there were some accounts that
As I said previously, with my dad, there were some accounts that kept getting sold from collector to collector, and I had to keep notifying the new collector. I think those accounts may have already been with collectors at the time of his death, I'm not sure.
estate details
I am going through the exact same situation. My mom died in April and my father in June. I sent copies of both death certificates along with a note saying there were no assets. I am now starting to get letters at their home addressed to the Estate of ... I am just going to send them back unopened. How can I prove there is no estate?
I never had to prove there wasn't an estate. I just opened them
I never had to prove there wasn't an estate. I just opened them, wrote a note on the front, copied it for my records, enclosed a copy of the death certificate, and mailed it. I suppose they could try suing the estate, but if there are no assets, it wouldn't really do them any good . . .
What did you put in the note you sent back? When I sent the ini
What did you put in the note you sent back? When I sent the initial dc's with their credit card bills, I said they had both died and they lived on a fixed income. When they died, their income ended and they had no assets. I guess I naively thought that would stop the notes but I guess the creditors still have to try to get some money back. I just worry that if I open them, and then send them back, they know they have made contact and will continue to harrass me. But if this has worked for you, maybe I should try doing it your way. I just thought by sending the items back unopened with the post office marking them as unclaimed, that might work too. Also, how long did it take for you to stop getting notices.
I just wrote a note saying that my father had died and there wer
I just wrote a note saying that my father had died and there were no assets, and to please write off the balance. I enclosed a copy of the death certificate with it and kept copies for my records. Some creditors did take longer than others to get the message, and some balances were sold a couple of times and I had to send new notices. The truth is that even three or four years after his death, I was still getting occasional notices in the mail. I just responded the same way. Other than sending the notices, none of them ever tried to contact me in any other way or pursue it any further than that.
Did you send certified death certificates each time? I did when
Did you send certified death certificates each time? I did when I sent them to the individual creditors. If I need originals, I will need to get additional copies which can get quite expensive. If I can just use photocopies, that would be easier and cheaper.
I just used photocopies, even the first time. I only sent certi
I just used photocopies, even the first time. I only sent certified copies to very few places, the bank is really the only one that comes to mind. If someone requests a certified copy, you could always get one then.
parents death debt left no estate.
My parents like so many lived on ssincome. when my father died my mother took care of my fathers things. fourty days later my mother passed in her sleep. Even though she was getting on with her life she missed my dad at night there quiet time. So many bills coming in my wife and I do ok but far from liquid. I origanally was going to pay off debt untill I found out how much. What a time to deal with all of this
Send the creditors a copy of the death certificates and explain
Send the creditors a copy of the death certificates and explain that they have left no estate. You are not responsible for their debts but will have to do this for every account. If you are dealing with the OC's, make sure that they completely write off these debts and not sell them off in to a JDB.
Unless you were a co-signer or it was listed as a joint account
Unless you were a co-signer or it was listed as a joint account in your name, also, then they can't hold you responsible for a parent's debt. I know this from personal experience as both of my parents died. My mother had a huge amount of medical fees when she died, and my dad did too, as well as some judgments where he had to pay off old debts. They couldn't come after me or any of my brothers and sisters since no one cosigned with my parents.
Thank you all! Your postings have been a godsend. I have been
Thank you all! Your postings have been a godsend. I have been searching the web to find the answer to the question. My husband is an only child and his father passed away on 01/05/2010. I needed to find the proper way to nofity several CC companies and other parties of his passing. Tonight I have found my answer. My heart goes out to all that have lost loved ones. Thank you again!
