A probate attorney can help survivors deal with their deceased relatives' debts. Here are some things to think about.
A probate attorney should be contacted by a survivor if there are questions regarding debts of a deceased loved one. There are certain legal rules regarding the debts of a person who has died. Many times creditors move in on surviving spouses,
parents or other relatives and try to get them to pay up out of a sense of obligation, morality or guilt. Unfortunately, even though these surviving relatives don't legally owe the money, they may be coerced into paying it. That's why it's so important to seek guidance from a trained legal representative such as a probate attorney with experience in this area of laws.
Here are some things to think about.
Federal Trade Commission: The FTC has put out a warning to consumers in order to alert them about these unscrupulous debt collecting practices. The Federal Trade Commission states that a person's estate is responsible for paying outstanding bills, not relatives. If a spouse's name was also on a loan, he or she would be liable but not otherwise.
State laws vary: Probate and estate laws vary from state to state so it's crucial for survivors to get legal advice from an experienced lawyer. If the deceased person had a lawyer, this legal representative might be the one to turn to for advice.
Creditors file during probate process: When a person dies, loan holders such as mortgage companies and banks will typically file to be paid during a probate process. Assets will typically be sold and creditors paid for as long as the money holds out. If there isn't enough cash to settle all outstanding bills, unless a spouse or relative is on the loan as a co-borrower, the debt will have to go unpaid. This is one of the risks that banks take.
What to do if debt collection agencies are harassing you: If harassing phone calls and letters are rolling in for a deceased relative's outstanding bills, there are steps to take.
Some examples are:
Don't give out personal information: No matter what these strangers ask, don't give them any information. Never give personal info out to people you don't know, especially over the phone. Not only are collection agencies not following the law if they use these tactics, but other scam artists could be trying to con you, as well. In fact, criminals have been known to read newspaper obituaries and contact family members in order to bilk money from them.
Never give out social security numbers: Don't give your social security number out to anyone. Don't give the deceased person's SS# out either.
Just hang up: A person can either hang up or tell the person calling to contact the law office handling probate proceedings.
Report to the FTC: If a surviving relative is being harassed over bills by any individual or agency, it would be wise to report this to the Federal Trade Commission.
When a spouse or relative dies, it's a difficult situation that often involves a lot of grief. Having to deal with harassing behavior from creditors that's also illegal is just plain wrong. This is when a probate attorney will be extremely valuable.
