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neonlinux

Debt collectors trying to get us to pay our dead Father debt

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Our Father died in July this year and just today I got a letter addressed to the" Estate" of our Father. It is for a debt of $573 from Fingerhut that he had. The actual letter is from Philips and Cohen associates and they specialize in deceased account care.

 

It states in the letter the following :

 

" While family members/loved ones are not personally liable for this account or payment, in an effort to assist with an expedited resolution we are authorized to offer the estate or anyone wishing to make payment on behalf of the late "" to settle to account".

 

So they said it themselves, we do not have to pay this and to be honest, we have our own debt problems right now. Do I just ignore these letters or is there someway I can reply to them via letter to get them to stop harassing us with letter's? and to let them know we are not going to pay this debt.

Any help would be great.

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You can just ignore them, or you can forward them contact information of whomever handled your Father's estate and let them deal with the matter.

Sorry about the loss of your Father.

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Is the estate already closed, through probate, etc? If not, I would think you would be obligated to at least give the letter to the executor.

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When My father passed away this happened to us as well. If there was an estate that someone was in charge of send it to them, as there would be documentation etc that can be sent. if like my father he didn't have an estate or any money then what an attorney advised me to do was just send a copy of his death certificate and a letter starting there was no estate. If your name was not on his debt then you don't owe. A lot of companies will try using scare tactics to get family members of deceased debtors to pay. After I did what was advised of me they went away. hth.

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The letter is saying that children are not personally responsible for the debt, but the estate is responsible. Don't misunderstand what was said earlier. Everyone who dies leaves an estate. The estate may have a negative value, but there is still an estate. Even if the only thing in the estate is personal property, there is still an estate.

If you are the executor of the estate, then yes, you have to pay the debt out of estate funds. Whether you do or not is entirely up to you, but the creditors can sue an estate as they would sue a person. While that may not be exceptionally problematic on a $500 debt, be aware that such a suit could expose the administration of the estate to further scrutiny. Not suggesting anything was done improperly, but the executor would need to be really sure that no estate funds were dispersed to beneficiaries prior to ALL creditors being paid (which clearly they have not been paid).

Take all of this for what it's worth.

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The letter is saying that children are not personally responsible for the debt, but the estate is responsible. Don't misunderstand what was said earlier. Everyone who dies leaves an estate. The estate may have a negative value, but there is still an estate. Even if the only thing in the estate is personal property, there is still an estate.

If you are the executor of the estate, then yes, you have to pay the debt out of estate funds. Whether you do or not is entirely up to you, but the creditors can sue an estate as they would sue a person. While that may not be exceptionally problematic on a $500 debt, be aware that such a suit could expose the administration of the estate to further scrutiny. Not suggesting anything was done improperly, but the executor would need to be really sure that no estate funds were dispersed to beneficiaries prior to ALL creditors being paid (which clearly they have not been paid).

Take all of this for what it's worth.

 

 

Winston21

Lets say the executor didn't know about the debt and went ahead and paid the beneficiaries. The beneficiary went ahead and spent the money. What happens then? I have a feeling that may happen with my family. I trust & love this person but I don't think he/she knows the requirements of being an executor. He/she wouldn't listen to me. Also, some insurance companies pay directly to the beneficiaries instead of the the estate.

 

If the estate didn't have an executor, then it would be the state responsibility.

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