Legal Question in Credit and Debt Law in Georgia
debt collection of deceased?
My mother passed away several months ago. Recently, a collection agency called and then sent a letter informing the ''estate of [my mother]'' that we owe a significant amount of money to pay off a credit card debt. The letter didn't actually address my father or me by name. In the phone call, the collection agency threatened us, saying we could have our house taken away if we didn't pay. I found this strange because my father canceled my mother's account shortly after she passed, and the credit card company had never mentioned anything about paying off the remaining debt. Are we responsible for paying off this debt even though the account was solely in my mother's name? How do we deal with this?
2 Answers from Attorneys
Re: debt collection of deceased?
One addition to the advice that you already received. When you receive a call or a communication from a creditor, direct them to send you the credit application and account records so that you can take that information to the attorney to review.
Re: debt collection of deceased?
Your post omits all the facts necessary to answer you. Did your mother own a house or other assets? Was there a will? Has there been a probate. If she left assets, creditors get paid before heirs. If you're in metro Atlanta, you may want to call us for a consultation.
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