Should I pay the bill or not? Help!?

Question

My parents divorced and my dad in the divorce got this credit card because it is fully in his name. My mom is no where on it. My dad then passed away 6 months later in a nursing home with nothing every penny had to go to the nursing home so there is no estate at all. The credit card people about 4 months later turn us in to collectors saying we haven't paid it when I called them and said he had passed away and there is no estate. They are treating to take part of our house if we don't pay and calling constantly trying to get the money. I don't know what to do. Do I pay it because my parents at one time made that debt together so it doesn't hurt my moms credit or do I not because she had nothing to do with it and there is no estate to pay it with? Anyone that knows about this kinda of thing please help.

Answer 1

You do not have to pay any bill that is:

1. not yours

If the divorce stipulates that the father accepted any and all debt from the marriage then it is not your mom's problem.

Any property from the marriage was decided in the divorce. Look at the legal language in the divorce. Call the attorney who handled the divorce.

I would talk to an attorney, and respond in writing (certified mail) that you disagree with the bill, are not responsible for it, and do not contact me again.

http://www4.law.cornell.edu/uscode/uscod...

http://www.fdic.gov/regulations/laws/rul...

Creditors threaten people everyday. Note the date and time of their calls, who you spoke to and the company they are affiliated with and they phone number.

It is illegal for them to harass you, threaten you, etc, you could sue them.

The Fair Debt Collection Practices Act (FDCPA)

http://www.expertlaw.com/library/consume...

Answer 2

The answer is NO, ..but you just know they are going to try to collect.. nature of the beast.

from link.. "..if there is no estate to collect from the credit cards can not pursue collections from the family"

What's more, some con artists may come out of the woodwork.. I've gotten rogue calls from people claiming to be with capitol one.  Rule #1, don't give out info,even if they seem to know you... but maybe you know this.  People can scour obituaries to glean info about people.. you'd be amazed how much info can be gotten thru internet too.  Do you really know if these people are legitimate?  Can you call the credit card company thru a publicly listed number to verify that these people are for real?

You need to get acquainted with how to deal with collectors.. I suggest that you do some reading.

from link..

"Debt collectors can't say that they will put a lien on your property or file a lawsuit unless the agency really means to do that and it's legal."

Even in the rare instance that someone filed a suit, a court order is not the end of the world..it's just something to deal with...  And this is not going to happen.. So ease up on yourself and be brave!

Answer 3

Call your local bar association and ask for a referral to a lawyer who will give you a 30 minute free consultation.

OR join Prepaid Legal for $18 a month. They can write a letter that will get the collectors off your back.

Credit cards are "unsecured" debt and homes are generally excluded.

Your MOM needs to establilsh her own credit history.  Also, by will or by probate, she needs to get her name on the deed to the house.

Many credit cards come with some form of payment-on-death insurance.  

Answer 4

1. if the kredit kard is in his name alone, it is part av the estate.  

If kk kumpanee want munee, em gotta tri tu get it outta the estate.

no estate? tuff beens

Answer 5

Tell the credit card company &/or their collections agency that the person liable for the debt is deceased, and tell them to submit the bills to the Probate Court in the city/town/jurisdiction where your father died.  Let Probate Court tell them there is no estate.

You have no liability and they have no right to harrass you, so tell them if they contact you further regarding another party's debt, you will file complaints with the Federal Trade Commission, your state's Attorney General's office's Consumer Protection Division, and sue them under the various "Fair Credit" laws.  If that does not shut them up, or if they report anything on any parties' credit ratings (except the deceased), get an attorney immediately and sue for damages, harrassment, and much more.

Answer 6

pay any bill u get other wise if u don't it can ruin your credit