Legal Question in Wills and Trusts in Florida

My Mother passed away this passed Febuary and I found out that her home security was on a contract for 30 monthes of which there is 16 monthes left on the contract after she passed. The Volusia County Judge has already finalized and signed off on her estate. I advised the security company of her passing and ask to disconnect the service in May and they did but last month they started calling me to pay $613 for the rest of the contract and I recieved a bill in my name and address today. I am not on the contract and with the estate being closed already can they still be able to collect from me? I don't want this to go on my credit because I am refusing to pay.


Asked on 7/15/11, 4:38 pm

1 Answer from Attorneys
Richard Kaplan

It depends, though it would be a problem for them to do it.

If you had a formal administration you were required to send to any known or ascertainable creditors a notice to file a claim. If you did that, you are in the clear. It sounds like you might have depending upon how you advised them. If not, they could petition the court to reopen the estate. Usually they don't for such a small amount.

However, after 2 years from date of death they take no action, then it will be too late for them.

As to the bill in your name, they must show how you assumed liability, which I don't see anything showing that. You may have to monitor your credit though to make sure they take no action to hurt your credit.

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Answered on 7/15/11, 4:49 pm


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