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Estate's Responsibility For Credit Card Debts

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  • 12-26-2006, 11:26 AM
    taz2u2
    Estate's Responsibility For Credit Card Debts
    I live in NY. A family member passed and the will was probated. There was no actual cash left. There was a home that was left to a specific family member.
    The lawyer probated the will, the Letters Testamentary were recieved, and the house was signed over to the person it was left to. The lawyer said that all was finished and he sent his bill.
    My question is, after all this was done, the credit card companies of the deceased sent letters that they were submitting claims to the estate. The lawyer said there was no cash there and the executor is not legally liable for her debts, so not to worry.
    My question is, because they submitted claims, does this keep the estate "open"? And how long will their claims remain active?
    I am confused because the lawyer said everything was finished, sent his bill and I was under the impression that the estate was closed. Now, I am not sure.
    Thanks for any responses and your time.
  • 12-26-2006, 11:48 AM
    seniorjudge
    Re: Credit Card Debts-Estate
    You should be confused.

    If there was an asset that could've bee used to pay the bills of the dead person, then this estate should not have been closed.
  • 12-26-2006, 12:12 PM
    Mr. Knowitall
    Re: Credit Card Debts-Estate
    If proper notice was given to the creditor, the creditor neglected to act in a timely manner, and the estate is now closed, the creditor is probably out of luck. If proper notice was not given, the creditor acted in a timely manner, or the estate remains open (it is possible to reopen an estate, so I emphasize "or'), the creditor will likely be able to proceed with a claim which would be paid out of the assets of the estate - which include the house.
  • 12-26-2006, 12:34 PM
    seniorjudge
    Re: Estate's Responsibility For Credit Card Debts
    ...My question is, after all this was done, the credit card companies of the deceased sent letters that they were submitting claims to the estate....

    When (what date) was the estate opened?

    When (what date) did the creditors send the letters referred to above?

    Was there a notice to creditors (see MKIA's post)?
  • 12-26-2006, 01:45 PM
    taz2u2
    Re: Estate's Responsibility For Credit Card Debts
    Thanks for all the responses and your time.
    The death occurred in the end of July. The letters Testamentary were dated the end of September. The house was signed over to the person it was left to the end of October.
    When the credit card companies called, they were told of her death. A few stated that they were submitting a claim to the estate. I have heard nothing from the court,lawyer or anything else from them. They have just sent letters asking to contact them with the intentions of the estate regarding the debt.
  • 12-26-2006, 02:10 PM
    seniorjudge
    Re: Estate's Responsibility For Credit Card Debts
    Quote:

    Quoting taz2u2
    View Post
    Thanks for all the responses and your time.
    The death occurred in the end of July. The letters Testamentary were dated the end of September. The house was signed over to the person it was left to the end of October.
    When the credit card companies called, they were told of her death. A few stated that they were submitting a claim to the estate. I have heard nothing from the court,lawyer or anything else from them. They have just sent letters asking to contact them with the intentions of the estate regarding the debt.

    Please answer my third question.

    (You will need to look at the court file to answer it.)
  • 12-26-2006, 03:08 PM
    taz2u2
    Re: Estate's Responsibility For Credit Card Debts
    Where can I see a copy of the court file? All that was recieved where the letters testamentary. No other court papers were ever recieved.
    Thanks
  • 12-26-2006, 03:53 PM
    seniorjudge
    Re: Estate's Responsibility For Credit Card Debts
    Q: Where can I see a copy of the court file?

    A: Court files are at the court.
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