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What to do, lost both my parents within the past year. Archived From: Finance

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Last April my mother passed away suddenly from complications of a heart attack. During this time, my father did not want help with anything from my brother or me. He was made administrator of the estate shortly after my mothers death. In February my father passed away from lung cancer- and upon his death my brother and I are feeling overwhelmed. I am 28, and my brother is 18- we are living in Wyoming, but my parents both passed away in Kentucky. My brother moved out here to live with me after the deaths of my parents.

My father has two daughters from a previous marriage- who refused to speak to me or my brother. We realized upon his death that my father did not have a will. Also upon going through his finances we have seen that the debt well outways any assets. Both of my parents had lengthy stays in the hospital before their death so the medical bills even after Medicare are huge. Also my mother in her early Alzheimer's state allowed both the life insurance policies to expire.

I know I need to spend some time in Ky to get more things together, and to see a lawyer but I have no idea how much time to request off work to handle this. Also- I have been receiving phone calls daily from my parent's creditors demanding payment from me- many of things things were bills I was not even aware of. I am not entirely sure how they gotmy contact information- but did not realize that my brother and I could be held responsible for every debt my parents had. I had spoken with a lawyer briefly after my parents death and was informed that I could not be held responsible- but yet this has started and I am starting to feel completely overwhelmed.

My husband and I have just purchased our first home, and we are doing ok with all of our own bills- but there is no way that we could pay for all my parents debt and come close to making ends meet.

Paging Codename47

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First, My condolences.

Second, you won't have to worry about paying for a dime of your parents debt.

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Sorry for your loss and your situation. The estate will pay the debts. Whatever is left over to pay you are not responsible for.

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Tell the creditors to go fly a kite and if they keep harassing you during your grieving process you will press charges and sue them. That should make them stop calling.

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Condolences on the passing of your parents. It must be really tough for you and your family. I hope you cope with it and get better soon.

You might want to teach the creditors a lesson for harassing you for debt that is not yours. There are a couple of FatWallet members who bring legal action against creditors that don't follow proper collection practices. I can not advise on the details, but if you ask for help here, I am sure some people will respond.

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Ouch, I'm terribly sorry for the loss, tell the creditors to stop calling, otherwise wait until codename47 posts, and he'll explain it far better(including how to sue them). You don't owe any of your parents debt, but as estate administrator make SURE you keep seperate finances for any of their accounts. If you start mixing their money with your you'll be in a load of trouble trying to sort all that out.

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You certainly have had a rough year. My condolences on the loss of your parents.

As others said, you do not have to pay one dime of your parents' debts as long as you weren't a co-signer, or joint account holder. You will want to get some certified copies of the death certificates because that's what you'll need to get the creditors to stop bothering you.

Here's a link to some information about what needs to be done when a family member dies. I hope it has answers you can use.

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Focus on what is most important, your family and your brother. The rest will fall in place.

I imagine that losing your parents at 28 is very difficult, but losing them at 18 is even worse. It may be wise to seek grief counseling. Your brother may require alot of support and understanding. You have your husband to comfort and support you through these difficult times while he may feel isolated and alone. Focus on family, let the lawyer deal with the estate.

~miser

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i'd also vist creditboards for more info on creditors.

You might be in a position to get them to trip overthemselves, and then take them to the cleaners.

However that would probably cause short term pain. so you might need to be more proactive, your lawyer should be able to help... I'd still consulate creditoboards, and maybe even find a attonreny in your area to deal with them.

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Relax. Debt isn't inherited, not even to a spouse. Assets of the estate need to be liquidated to pay any debt owed by the estate before distributing the remaining assets to the heirs. But if the estate is insolvent (more debt than assets), well tough for the creditors. They can't turn to you for repayment. If they do, it's misrepresentation and usually reminding them of it should get them to back off. Without a will, each state's probate law usually defines which debt gets paid first.

First things first, are you the appointed executor or personal representative? If not, creditors have no business talking to you. Even if you are, only written claims are valid for requesting debt repayment.

Things may seem overwhelming but really you can get free help. Probate estate attorney/accountant fees are usually paid from the estate assets and before creditors. So get a lawyer familiar with KY probate law and let them guide you through the process of inventory/appraisal, notice to known creditors and public notice for others, notification to heirs, and finally payment of taxes owed and debt. Since you're unlikely to get anything out of it, don't skimp and get a good attorney that will do the work for you.

I'd get a rough estimate of the various parts of the estate (debts and assets). Sounds like you already got that but then call a lawyer in KY asking about how long they think it'll take to handle it. With the info about debts and assets, and knowledge of probate code for the state of KY, they should have a pretty good idea of what needs to be done and how long it'll take.

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LesTee said:I have been receiving phone calls daily from my parent's creditors demanding payment from me- many of things things were bills I was not even aware of. I am not entirely sure how they gotmy contact information- but did not realize that my brother and I could be held responsible for every debt my parents had. I had spoken with a lawyer briefly after my parents death and was informed that I could not be held responsible- but yet this has started and I am starting to feel completely overwhelmed.

Paging codename47

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condolences.

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Very sorry for your loss.

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First of all, I'm very sorry to hear about your loss.

Secondly, who is the executor of the estate? That's who will have to sort this all out, not you. Since your dad didn't have a will, I doubt there is an executor. And if there isn't an executor, then the state will do it.

Good luck to both of you~

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Also upon going through his finances we have seen that the debt well outways any assets. Both of my parents had lengthy stays in the hospital before their death so the medical bills even after Medicare are huge.
Sounds like a problem for the creditors.

I know I need to spend some time in Ky to get more things together, and to see a lawyer but I have no idea how much time to request off work to handle this.
Go see a lawyer if you want, but this is pretty cut and dry. You aren't obligated to pay a debt you didn't incur. You'd be a fool to do so.

Also- I have been receiving phone calls daily from my parent's creditors demanding payment from me- many of things things were bills I was not even aware of. I am not entirely sure how they gotmy contact information- but did not realize that my brother and I could be held responsible for every debt my parents had.

Memorize this phrase: "I don't owe you any money, you have the wrong person. My number is 123-456-789, don't contact me again"

Go to Radio Shack and get a phone recorder. DO IT. Call them all back one time and say the above line.

After that go to naca.net and look up a consumer attorney experienced in the FDCPA. Send a few emails and make a few calls and start talking to someone about suing them.

This is the easiest 1k+ you'll make in your life. You can probably get a bunch more if you wind up in front of a jury and talk about how the anguish and grief of losing your parents was compounded by these harassing calls after you told them to stop. You could probably add a zero to the figure above.

Not sure how morbid your sense of humor is, but you could send them the number of the cemetary they are buried at...Seriously though, repeat the phrase above, follow up with a certified letter, and if you hear one peep out of anyone, sue them.

YOU ARE NOT RESPONSIBLE FOR PAYING THIS. Head over to debtorboards.com and learn how to sue them.

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LesTee said:I am not entirely sure how they gotmy contact information- but did not realize that my brother and I could be held responsible for every debt my parents had. How did they get your contact information? You didn't cosign anything for your parents did you? You didn't have any joint credit account with your parents, did you?

If you never agreed to pay your parents' debts, then obviously you do not have to pay them.

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lorcha said:LesTee said:I am not entirely sure how they gotmy contact information- but did not realize that my brother and I could be held responsible for every debt my parents had. How did they get your contact information?
Probably pulled out of Lexis/Nexis or a background checking outfit. I've seen my mother and sibling identified on two (maybe three, I forget about the third) reports on me.

Spooky stuff, but costs less than $50 to get and it's just a website away.

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Give the creditors your half-sisters' numbers.

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LH2004 said:Give the creditors your half-sisters' numbers.

Apparently one of the half sisters is a FW member named Michal980. I can think of no other reason why that person would give this post a red rating. It's quite apt and funny.

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