If someone dies, does their debts still need to be paid? (foreclose, refinance)

[antinimby]

I am asking because the mother of a friend of mine died last year but he is still getting bills and by now, collections agencies calling the house. These were for services such as transportation to the hospital and hospital procedures. He argues that since she died, he doesn't have to pay them. I'm not sure what the law says regarding this.

[va_bank]

He doesn't. But they will continue to try.

[Goldendoodle1969]

You need to talk with an attorney who deals with probate and estate planning. All debts should be settled by the estate(any assets the person left behind). He is not responsible(unless they were married and this is a joint debt). If not usually debt collectors are not going to bother going through the whole probate process to get a couple hundred bucks its just not worth their time. Just tell them the person is deceased and they have no additional information. They will stop calling...eventually.

[Badfish740]

If they do persist they can probably be sued for violation of the Fair Debt Collection Practices Act.

[boater1]

The debts belong to the deceased.
Then technically to the the person's estate

If the estate'e assets/money has been distributed or run out.
The bill collector must go after the heirs in court (which rarely happens)
If the estate had no assets or cash, they are SOL.
But they will not accept that. They want money, they do not care where it comes from

They will pester and bully (even lie) whoever they can to get money out of them.

Tell them to send you a paper bill
then return it with a note and death cert (certified), better yet, ask the estate lawyer to write it on their letterhead
then ignore them or tell them to call your lawyer.

If the deceased was not married at the time of death, no one else is responsible for the deceased bills, except the deceased estate. In that case, tell them to call the estate's lawyer or the estate's executor of the will.

[HalfFull]

^^^ good advice.

And OP, if it is a small estate and you are acting as executor, these places know that offering a very significant discount on the debt is in their best interest to collect something instead of a full write-off.

[bbnetworking]

if the death person has no assets, then they have nothing to come after.

[Hemlock140]

Originally Posted by bbnetworking

if the death person has no assets, then they have nothing to come after.

Tat's correct, but f the person did have assets such as a house, car, or bank account, the heirs had better not rush to spend it without getting a lawyer unless they are named beneficiaries (in a will) because the debtors can go to probate court and get a judgement against the assets. If they have been spent they can and will sue the heirs. In the case of a home with mortgage, the bank can accept a transfer (refinance) to an heir named as beneficiary but they may also demand immediate payment or foreclose if that person doesn't meet their credit criteria.

[antinimby]

Actually, the mother that died did have assets in the form of the house. The house is all paid off. She never did a will. He is though her only child.

[Badfish740]

Originally Posted by antinimby

Actually, the mother that died did have assets in the form of the house. The house is all paid off. She never did a will. He is though her only child.

Then he'd better lawyer up quick.