Legal Question in Wills and Trusts in Arizona
Debt left by Father
My father died and had no insurance, left my mother with credit cards, she has made payments since he died May 2nd, The funeral home said to mail a copy of the death certificate to each creditor, So we did. Now there not accepting any payment. We had an attorney call for Home depot for the amount of $509 and says they will take her house and everything she owns if she doesn't pay in full. She only gets $2000 a month and all we can afford is payments.
Please can you help
2 Answers from Attorneys
Re: Debt left by Father
:Your mother is only responsible for the debt if it was a community property debt. If her name is not on the account, many creditors will not sue in court. If her name is not on the account, late status will probably have no effect on her own credit.
Bill collectors lie to people, try to bully heirs into believing that they are responsible for debts of an insolvent estate when they are not personally responsible, and are very sneaky about the steps they say they can take.
I advise consulting with a bankruptcy attorney, who is a specialist in dealing with creditors. If you need the name of one in Arizona you may call our office. There is no fee charged for the call or the referral.
Re: Debt left by Father
Do not be bullied by a collection agency. Your mother should seek legal advice, as you may not be responsible for these bills, or in the alternative, you can make a payment schedule but that must be done carefully, and perhaps with a credit counselor. The creditor cannot take anything from you without first going to court and getting a judgment, which they seldom do. It is ridiculous to think that any creditor could take your house for a $500 debt.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
