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[Estate question] Credit Card debt from deceased father

Discussion in 'BBS Hangout' started by Andre0087, Jun 19, 2019.

  1. Andre0087

    Andre0087 Member

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    I have a couple questions if anyone here can help. My father passed away with credit card debt in November, around 9500 or so. He was terminally ill and his only checking account, car, and house was Payable on Death to myself and my sister. Since there were no other assets once he passed we didn't have to probate the estate. A couple days ago I received a call from a debt collector stating he has an outstanding balance and that of course I'm not responsible for it but they want to collect from the estate. I explain to them there isn't a probated estate and that there are no assets left. They stated that they would mail me a letter and write it off. Should I be concerned? Do I need to speak to an elder law attorney regarding this matter? I know how shady some of these companies are so any help is much appreciated.
     
  2. RudyTBag

    RudyTBag Contributing Member
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    I’d be interested to hear an opinion on this too, since my deranged Father is a bum... :D
     
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  3. ElPigto

    ElPigto Member
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    When my uncle passed away, we had similar calls. He had no assets besides an old car that was worthless. I talked to the debt collectors and told them the same thing you stated, that there was no estate. Sure enough, I got a letter in the mail and the debt was wiped clean. It was about $5k worth. We were never hassled again about it.
     
    #3 ElPigto, Jun 19, 2019
    Last edited: Jun 19, 2019
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  4. CCity Zero

    CCity Zero Member

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    Not a lawyer, but what state?
     
  5. Andre0087

    Andre0087 Member

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    Texas
     
  6. LongTimeFan

    LongTimeFan Contributing Member

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    No. He told you "ok cool, I'll let my boss know we won't be able to collect and send an official letter." Nice work with the payable on death accounts.
     
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  7. Andre0087

    Andre0087 Member

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    If you don't mind me asking, how long ago was that?
     
  8. Andre0087

    Andre0087 Member

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    After their attempt to relate to the situation they asked...any life insurance policies, checking accounts, retirement plans? I thought I was over it but with father's day just passing it seems like they have this **** timed to **** with you.
     
  9. KingCheetah

    KingCheetah Contributing Member

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    No they will just write it off it's not your responsibility.
     
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  10. Jontro

    Jontro Member

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    sorry for the loss of your father, breh. hope everything works out in the end.
     
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  11. LongTimeFan

    LongTimeFan Contributing Member

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    They were fishing to see if there are any assets that would have been payable to the estate (IE, life insurance policy with no beneficiary). Sounds like you cleared it up with him and that will be the end of it. I wouldn't spend another minute worrying about it. Sorry for your loss :(
     
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  12. Andre0087

    Andre0087 Member

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    Thanks man, and to everyone for their help. I miss him everyday but I know he's in a better place.
     
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  13. Buck Turgidson

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    So sorry to hear that, man. It's rough but does get better, I know this sounds like platitudes but it's true.

    The advice in this thread is good advice, post 11 put it quite succinctly.
     
  14. CCity Zero

    CCity Zero Member

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    You should be set, it looks like everyone else already answered. The only way they'd be able to collect is on secured debt/funds that were associated with assets (ie equity loan on the house etc.), but since it was a CC and unsecured they can't touch the other items/funds, especially since no probate. The only way would be if they lied/convinced you to pay it (which I wouldn't put outside their tactics), so don't sign anything or offer to pay etc because they can't force you (I just think they'd try to scare people sometimes, especially when emotions are already strong).

    Regardless, very sorry for your loss, I hope those assholes leave you and your sister alone. They should be soon and the letter should be very straight forward, but if it's not, just don't get tricked is all I meant (going through a loss you just need to take time for yourself and family). I mean they basically waited until Father's Day, **** them, I know it's their "job" but come on... Just don't let them trick you or your sister, you've got enough on your plate. Just tell them to screw off (if it doesn't end with the letter they're sending I mean), I personally wouldn't even take their calls if they try any games after this, and just make sure your sister knows too.

    And again, very sorry for your loss.

    Also, I'm not a lawyer, I just know in Texas you're pretty protected against cc debt.
     
  15. ima_drummer2k

    ima_drummer2k Contributing Member

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    Those losers KNOW VERY WELL you're not liable, but they thought they'd give it a shot anyway. Maybe they could take advantage of you while you're grieving. Anything is better than nothing, since they probably paid 10 cents on the dollar for this debt. Pond scum.

    If you get another call from these fools, tell them you're going to report them to the Federal Trade Commission.

    Very sorry about your father.
     
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  16. BruceAndre

    BruceAndre Member

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    My father passed away last year; fortunately he didn't really have any credit card debt.

    He had a little -- just like some $25 recurring Amazon charge or something like that.

    Anyway, I looked into this very topic, and I'm pretty confident when I say: you are not obligated to pay your father's debt. When someone passes away with outstanding credit card debt, the CC company is essentially screwed.

    There may perhaps be some exceptions to this, but by and large -- you are not obligated to pay his debt, and the CC company is &*^%$. Not that you should feel any pity for them.
     

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