Can a credit card company contact a family member of a deceased person who is not the next of kin?

Question

My father passed away and my brother and I are his next of kin. We are his only children and we are the ones who initiated the probate on his estate. The only think my father left was a homesteaded house and 2000.00 in the bank that has been used to pay the mortgage on his home. We have been in contact with his credit card company (he only had one that was less then 10,000.00) and have asked them to please stop charging the interest and we would try and take care of the bill. On the last phone conversation I explained to them that I would get back with them after discussing the account with my brother. I spoke to them 5 days ago. Today I received a call from my uncle (my fathers brother) stating that the credit card company has now contacted him. Is this legal? He has no legal interest in my fathers estate. Is the credit card company breaking any laws by contact other family members that are not listed as next of kin, or even on the death cert? This is in Florida. Anyone????

Answer 1

It depends on what they said.  Did they say they were looking for the debtor? Were they just trying to confirm a death? Did they ask for money?

In most states they can't discuss the specifics of someone's debt with anyone other than the debtor, a cosigner or the guardian of the debtor's estate if the debtor is either dead or otherwise incapacitated.

The estate is obligated to pay the debts of the decedent if there are enough assets in the estate to pay those debts.  This means they can force the sale of the home if that is the only way the cash can be obtained to satisfy this debt (which is now the debt of the estate).

An attorney might be able to negotiate the balance down for you.  In my opinion I think you should find an attorney that specializes in estate law in Florida and pay for a half hour of his time.  I think it would be worth it for you.

Answer 2

yes indeed and you can call their hand on this and threaten a law suite and they may dismiss the charges as paid since he is not the debtor and the estate is

Answer 3

legal and can they do it are different. Maybe your dad had him as a cosigner or person in case of emergency. Write to the credit card company and tell them to direct the correspondence to you. ask to negotiate a lower settlement and see if they will lower it for a full payment. Protect the house.. or they will put a lien on it. Call legal aid and get a real estate attorneys advise

Answer 4

Your father may have listed your uncle as a reference when he applied for the card.  You wouldn't believe how many times we've received phone calls from creditors looking for people we know or used to know that had (without our knowledge) used one of us as a personal reference.  A lot of people don't realize what the purpose of the reference is.