This does bring up a point though. In my Moms case, she was a widow of a DuPont worker. Her pension and benefits needed to be stopped. She had a company who handled DuPonts health insurance. That had to be stopped. I had to stop her State PADD. To do this, I had to send a death certificate to everyone. I wonder who handles this stuff when there is no will, no money and no relatives?
stressed (((((hugs)))) . As others have said,"No!"
My ex mil did not appoint an executor. I said I would do what I could to distribute death certificates and inform those that needed to be informed. There was no estate, but there were cc bills and a few others. I sent out the death certs and let people know there was no estate. A couple of the creditors were a bit pushy. I simply wrote back that there was no executor and that I had no authority in the situation, and was just being helpful distributing death certs and information re the deceased. Eventually they stopped contacting me.
If you live in a state that has filial laws and they enforce them, the creditors could try to get you to pay. Just a heads up. Can they actually do it, who knows but some creditors will do everything to collect against the debt. Never agree or pay any money, let them do all the legal legwork if they want to pursue it. You can not take their calls and you can tell them not to call you as their client is deceased and hang up the phone.
My dads ex wife uses my number for her creditors and I block their numbers after the 1st call.
If the debt is owed to a facility or a health care provider, you could make a case for the debt having arisen from duties that fall within the filial responsibility remit, I guess.
But if it's just your standard "too much time in front of the shopping channels with a credit card" issue I don't think they'd get too far with their claim.
In some states, if you die without a valid will--you are said to have died "intestate." In order to determine who will receive your property if you die intestate, each state has established a number of laws (known as "intestacy laws" or "laws of intestate succession.") Google “Intestacy Laws for State of ______________”
Also, Google these websites for information about the state laws in which your parent died:
You may need to hire an attorney if state laws require one. Legal Aid offers affordable legal assistance. Sorry that you are having to deal with this. Hope that this information is helpful.
The answer is no, you are not responsible for the bills. But the debtors need to be notified. I think the best thing would be a lawyer. You really don't want these debtors to know how to contact you. Collection companies are relentless. A lawyer maybe able to draft a letter stating that there is no money and attaching a copy of the death certificate and proof of no income.
Here in Probate its Executor, Administrator if no Executor assigned in a will and an affidavid if person has under 20k. Call Probate and see if there is a short certificate you can get to handle LOs accounts.
I know its an expense, but I am finding that a lawyer makes everything easier.
I wouldn’t waste money on a lawyer for this. The OP says there was only enough money for a burial so why would they waste their own money on a lawyer? The debt collecters would also have to know that she is their daughter and they would have to have her personal contact info in order to contact her. Our estate attorney advised us NOT to pay MILs outstanding credit card because the debt collects usually write it off. There has been absolutely no harassment from anyone nor should they be because again, they would have to know her survivors contact info.
If there is no money, someone will have to contact debtors and prove that parent is deceased and there is no money. If money, it should be used to pay the bills. Talk to a lawyer. There are Legal aid offices that bill on scale.
No the parent signed when came in the hospital no home and on the bills wasn't the person name on them only credit card was there name only and no assets they had dept only there is no will.
So did you or others sign off to financially responsible for bills? Like signed an admissions contract for a NH or in the ER or at the hospital. is there a home? if so whose names on utilities, taxes, insurance, etc? Any credit cards, again if so in whose name(s)?
did they die with assets? Or died with only debt? is there a valid will? Is whomever named Executor in the will interested to become Executor?
Really whats the backstory? It will be helpful as to what might need to be done and what you literally can just walk away from.....
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My ex mil did not appoint an executor. I said I would do what I could to distribute death certificates and inform those that needed to be informed. There was no estate, but there were cc bills and a few others. I sent out the death certs and let people know there was no estate. A couple of the creditors were a bit pushy. I simply wrote back that there was no executor and that I had no authority in the situation, and was just being helpful distributing death certs and information re the deceased. Eventually they stopped contacting me.
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My dads ex wife uses my number for her creditors and I block their numbers after the 1st call.
But if it's just your standard "too much time in front of the shopping channels with a credit card" issue I don't think they'd get too far with their claim.
Did your daughter say any more about the situation, though?
Also, Google these websites for information about the state laws in which your parent died:
https://info.legalzoom.com/happens-someone-dies
https://law.freeadvice.com/estate_planning/probate/is_no_will.htm
https://www.livingtrustnetwork.com/estate-planning-center/applicable-state-laws/intestate-succession/
You may need to hire an attorney if state laws require one. Legal Aid offers affordable legal assistance.
Sorry that you are having to deal with this. Hope that this information is helpful.
Here in Probate its Executor, Administrator if no Executor assigned in a will and an affidavid if person has under 20k. Call Probate and see if there is a short certificate you can get to handle LOs accounts.
I know its an expense, but I am finding that a lawyer makes everything easier.
for this. The OP says there was only enough money for a burial so why would they waste their own money on a lawyer? The debt collecters would also have to know that she is their daughter and they would have to have her personal contact info in order to contact her. Our estate attorney advised us NOT to pay MILs outstanding credit card because the debt collects usually write it off. There has been absolutely no harassment from anyone nor should they be because again, they would have to know her survivors contact info.
Like signed an admissions contract for a NH or in the ER or at the hospital.
is there a home? if so whose names on utilities, taxes, insurance, etc?
Any credit cards, again if so in whose name(s)?
did they die with assets?
Or died with only debt?
is there a valid will? Is whomever named Executor in the will interested to become Executor?
Really whats the backstory? It will be helpful as to what might need to be done and what you literally can just walk away from.....