U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Grief and Mourning
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 08-04-2013, 01:36 AM
 
Location: 900 miles from my home in 80814
4,669 posts, read 6,739,165 times
Reputation: 7078

Advertisements

$1,000.00 won't go very far when his bills start coming in, so I wouldn't worry about it. Who is the executor of your brother's estate? If the bill collectors really get persistent (it wouldn't be for a few months, yet) I would look into hiring an attorney. Otherwise, make a photo copy of the death certificate (don't send originals unless you're specifically asked for them as they're expensive) and send the copy with a letter of explanation that he's passed away, along with the payment stub to the creditor, and hope that's the end of it... If at any time, handling his estate becomes overwhelming, or you're hounded by collection agencies, by all means hire an attorney. The attorney will be your buffer between the creditor and you.

Another thing, if your brother died without a will, he died intestate, and that means that the State can decide where his money goes, so the sooner you spend it (pay yourself the $1,000 as the Executor's fee...), the better. It's really sad, but the business of dying can take months or years, and the stress can be difficult. Take good care of yourself and make sure your mom takes care of herself, too. Good luck, and be sure to take care of yourselves....
Reply With Quote Quick reply to this message

 
Old 08-04-2013, 03:58 AM
 
37,071 posts, read 38,273,370 times
Reputation: 14835
I went through this with an Aunt. The debt collectors can be a PITA. Don't acknowledge anything. You should get a letter from them first, respond and keep it short and simple.

"X is deceased, do not contact me by phone. "

Quote:
Debt Collection | Consumer Information

How can I stop a debt collector from contacting me?

If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
The only trouble is the debt gets bounced to another company and you need to send a letter each and every time.
Reply With Quote Quick reply to this message
 
Old 08-04-2013, 09:13 AM
 
Location: USA
7,778 posts, read 9,608,567 times
Reputation: 11672
Do not do anything that legally ties you to your brother's estate. Do not acknowledge anything about his bank account. You are not responsible, so do not take responsibility for anything. Do not pay anything!
Reply With Quote Quick reply to this message
 
Old 08-04-2013, 09:49 AM
 
18,856 posts, read 30,447,336 times
Reputation: 25990
Debts and Deceased Relatives | Consumer Information

You may be responsible for debts you are a co signer on.
Reply With Quote Quick reply to this message
 
Old 08-04-2013, 09:23 PM
 
5 posts, read 5,092 times
Reputation: 10
Hi All,

Thank you so much for all your inputs and words of comfort. I really appreciate it.

I am still grieving from the loss of my brother and I am still not in my right state of mind then I have to deal with this. But thanks to everyone's advise, I have peace of mind now.

Just to update, I sent back the bill with "Deceased" and then the time of death written as well and sent it back to the billing office. I just hope that as time goes along, I do not get harassing calls from the collectors. I was not a co-signor on any of his loans/credit card. I should not be responsible for anything.

Thank you again and God bless us all
Reply With Quote Quick reply to this message
 
Old 08-06-2013, 03:19 AM
 
Location: The Great State of Arkansas
5,981 posts, read 15,898,310 times
Reputation: 7531
Quote:
Originally Posted by fiona628 View Post
Hi All,

Thank you so much for all your inputs and words of comfort. I really appreciate it.

I am still grieving from the loss of my brother and I am still not in my right state of mind then I have to deal with this. But thanks to everyone's advise, I have peace of mind now.

Just to update, I sent back the bill with "Deceased" and then the time of death written as well and sent it back to the billing office. I just hope that as time goes along, I do not get harassing calls from the collectors. I was not a co-signor on any of his loans/credit card. I should not be responsible for anything.

Thank you again and God bless us all
Fiona, my condolences to you - I am sure it is a very difficult time for you.

Should you continue to be contacted, here's a little ditty for you to send to whomever contacts you. My son is a debt attorney - we had a problem with identity theft a few years back and he gave me this to send to whomever contacted me via mail. If they contact you via telephone, tell them you will not discuss it with them, give them a valid address, and tell them to send their problems in writing there. Keep excellent records, and do send any letters with tracking or return receipt. When a debt letter arrives, do preface this letter with the facts: That your brother passed away on such-and-such date, and that you are not a co-signer or co-debtor with him any bill, and provide them a death certificate number. If they continue to insist that you are responsible, then put this in there:

To Whom It May Concern:

I received information that your corporation allegedly holds a debt in my name. I deny the existence of this debt in its entirety. If it is my debt, I deny that it is still a valid debt.

Pursuant to the Federal Debt Collection Practices Act, I would request verification of the debt currently in your system and request that you provide a copy of the signed contract.
I would request you cease and desist any phone calls or other electronic transmissions. All communication should be in writing to the address you have on file.

Sincerely,


Bear in mind that if you send anyone one thin dime, you've acknowledged responsibility for the entire debt and it starts the collection process in motion - and it can stay in motion for years. Stick to your guns - and keep a watch on your credit score to make sure there's nothing amiss. There may be creditors from a long time ago that try to latch onto what is left...hence the reason for the "if it is my debt, I deny it is a valid debt". That's in case you forgot you signed something a long time ago....if it was a long time ago, the statue of limitations has most likely run out and it is not a valid debt. That should stop the phone calls - if they continue to call you, they are in violation of federal law and need to be reported pronto.

I'm so sorry for your loss - peace to you.
Reply With Quote Quick reply to this message
 
Old 08-09-2013, 12:47 PM
Status: "In an Involuntary Time Warp" (set 23 days ago)
 
7,849 posts, read 10,147,526 times
Reputation: 11398
I can't imagine them trying to pin his last bills on a relative who isn't a spouse. Wow, I guess they're on a wild goose chase for payment that they know they have to pay.
Reply With Quote Quick reply to this message
 
Old 08-12-2013, 04:24 PM
 
Location: Arizona
5,577 posts, read 4,782,672 times
Reputation: 16486
Quote:
Originally Posted by Nanny Goat View Post
I can't imagine them trying to pin his last bills on a relative who isn't a spouse. Wow, I guess they're on a wild goose chase for payment that they know they have to pay.
They sent a bill for what they are owed. They do not know that he had no spouse, estate, etc. I doubt they are "trying to pin his last bills on a relative." Most people have an estate. Most people have assets. If there is money from an estate they should/must be paid.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Grief and Mourning
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2018, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top