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lol,
Op this isn't new or a scam. a credit card company will try but usually once you tell them to go away they do so.
This happened to me twice actually. easy peasy. when my dad died chase visa gave me a call saying he had an 8k balance on his card, I simply asked them to switch me over to their department that handles death and asked for their fax number. faxed a copy of the death certificate and a notice saying to not call anymore. never heard any thing more.
American express called me when my husband died. I told them the same thing, my hubby and I had separate credit accounts, did not combine any thing and sent them a copy of his death certificate.
listen, they are just trying to get their money easily. If they think a relative will pay it without having to go to probate court, it's worth a phone call. most of the time they have no luck but if they get a hit on say 1% of the calls...
For spouses it doesn’t matter if you shared accounts. Community property or not is what would matter
I have a friend,in CA, a community property state, who is currently being pursued by his deceased wife’s creditors. My personal attorney, who is not his, thinks he will be held accountable as she had an estate that is probatable.
My friend has no attorney, but his CPA is telling him to blow it off.
We’ll see where the chips fall.
My mom had an LLBean credit card. When she died, my dad just called them and they closed the account. He did not have to pay any of the $2500 balance. The card was in her name only.
My mom had an LLBean credit card. When she died, my dad just called them and they closed the account. He did not have to pay any of the $2500 balance. The card was in her name only.
Was that in a community property state? CA is.
I’ve heard enough anecdotal evidence to think the amount owed matters. Probably not worth the creditors time to go after $2500. But we are talking more than 10 times that in this particular case.
My Ex died with few assets and a mountain of debt; DS was his next of kin. I consulted an attorney and he told me that if a creditor contacted us we owed nothing and should tell the creditor that there was no estate proceedings initiated but they could open up proceedings if they wanted to. (Very unlikely since they had nothing to gain.)
Fortunately, no one contacted us. FWIW- I was living in KS at the time, DS in IA and the Ex died in FL.
It is important to point out that the remaining thirty or so states with filial responsibility laws on books pertain largely to *MEDICAL* and or healthcare debs. Credit as in unsecured debts are another matter.
"Most states that have filial responsibility laws don’t enforce them, here’s why: Most elders who can’t pay for care receive federal assistance through Medicaid, and federal law specifically prohibits going after adult children. Also, most folks who need help paying for nursing home care qualify for Medicaid and it’s unusual for someone to rack up a large bill before qualifying. So, because there is so little opportunity to apply filial responsibility laws, they very rarely affect families."
If deceased has or had no assets and or other claimants take priority then that will be that. You can't get blood from a stone.
OTOH if parent left a house and or other sizable assets as part of their estate, and the executor distributed thus liquidating said estate, then a creditor can file claims forcing those who got to give back.
Quote:
Originally Posted by mathjak107
Pa recently enforced the law and went after the kids for healthcare debt . But there were special circumstances if you read the case
Quote:
Originally Posted by nybbler
Health Care & Retirement Corporation vs. Pittas. There were no special circumstances.
Mom skipped the country and went home to Greece without paying the bill. That's what I would call a special circumstance.
I’ve heard enough anecdotal evidence to think the amount owed matters. Probably not worth the creditors time to go after $2500. But we are talking more than 10 times that in this particular case.
Mom skipped the country and went home to Greece without paying the bill. That's what I would call a special circumstance.
yep , if she let her application play out which she filed the kids would never have been gone after .
even if denied they would have left it alone , but the fact she fled the country before medicaid processed the filed application made all the difference
Moderator cut: deleted quoted post
Lowexpectations is right. My friend who just lost his wife in a community property state (CA) just saw an estate attorney yesterday. He is most certainly responsible for his wife’s debts.
The question will be how hard the creditors pursue, and if they are open to negotiating. They have already enlisted a collection agency.
No one has mentioned a will or assets which don't belong to the estate.
Both of which are irrelevant to the topic in the OP. It was credit card debt being discussed and it would be owed by the estate of the deceased unless the debt was jointly held before death or part of community property
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