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Household Finances

question on cc and loans after death

17 years ago

I am new to this group and have a few questions. My mil died very suddenly at 67 she had cc and loans do we have to pay there is no insurance or will so no power of attorney. Can any one help me?

Comments (9)

spewey
17 years ago
You need to consult an attorney about the whole probate process. You need professional help, and as laws vary by state, an attorney can provide the best advice.
Nancy in Mich
17 years ago
My mom died two years ago. We gathered up the deed, will, bank account and life insurance papers and took them to an attorney. We talked for 15 min, he told us what we needed to do, and did not charge us. Often this kind of quick visit is free.
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myfask
17 years ago
skfarmgirl-
First let me say I am sorry for your loss, my thoughts and prayers are with you and your family.
Allot will depend on if she had property, in other word if she had any kind of Estate that will need to be Probated. If there is a Probated Estate the loan and credit cards companies can file a claim against the Estate, secured loans will take priority against unsecured debt(credit cards).
If she died with nothing there is not much the creditors can do,unless you were on the loan or credit cards as co-cardholders you are NOT personally responsible for the debt.
In most states if the person died without a will everything goes to the spouse and if there is no spouse then everything goes to the children. My father died without a will and everything went to us children.
Make sure to get lots of certified copies of the death certificate from the funeral home these will be needed to send to all of her creditors.
As everyone else suggested it is a good idea to talk to an attorney, if you have a family attorney they should be able to advise you or recommend a probate attorney should you need one.
Karla
skfarmgirl
Original Author
17 years ago
THANK YOU everyone for the advice. my mil had land but not in her name alone so that went to the surviving children but some of the cc are getting rude with the letters they are sending so i was wonder what to do so now i have a little more inside thank you all for your help. Sandy
housenewbie
17 years ago
Tell the cc to take a hike. You're not responsible for anyone else's debt.

A quick cease-and-desist letter from an atty (or even a paralegal) shoud take care of it.

A lot of these companies hassle innocent people on the off chance they'll not know any better, will get scared and pay up.

Good luck, and condolences.
myfask
17 years ago
skfarmgirl
send them a copy of the death certificate along with the cease-and desist letter. stating that your MIl has passed away and there is no estate to probate. there is a chance that the companies have not noted the account as deceased cardholder.If one of the children is handling things, they can call them and advise them that a copy of the death certificate is on its way along with the c&d.
Karla
joyfulguy
17 years ago
skfarmgirl,

I am sorry that your family has had this difficult situation to deal with.

I hope things are getting straightened out for your famiily.

I went to your profile to try to send you a personal email but you haven't offered that possibility. I would like to contact you directly, as there's something about this situation that I hadn't noticed previously and I'm assuming that you're a resident of Saskatchewan - I spent several years there, so have a warm spot in my heart for it.

If you click on my username, you can send me an email.

Good wishes to all of you through the coming days.

ole joyful
cathie54
17 years ago
Hi, I'm new here. I'd also like to express my sentiments.

Hope things have settled down in regards to those collections.
Just thot I'd tell you I was reading a similar question posed on another forum about a year ago - I think it was AAARP - not sure.

Some lady was getting those types of calls also. She finally got fed up and told them to contact the Father direct, and gave the addy for the cemetary. She said they quit calling after that.

Please post when you have a chance - I'm curious to know if they quit bothering you about the debts, and if so, what did it take to get them to quit?
jannie
17 years ago
My MIL left many medical bills. No will. Her three children divided everything. Most bills stopped after sending a photocopy of her death cert.

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