Legal Question in Wills and Trusts in Indiana

Lawyer for creditor against estate that doesn't exist...

A lawyer for a credit card company contacted me (rather rudely I might add) and was asking questions about property my Mom owned until 2005. Somehow he says he has paperwork that says my Mom owned it until 2006. However I have the transfer deed dated 2005. They are threatening a lawsuit saying that anything transferred within 12 months of her death that they have a right to. He practically grilled me over the phone about this and wouldn't listen to a word I said. He said he is just waiting on a paper from the State Of Indiana to tell him he can file a lawsuit. What is your suggestion on how I should proceed? Do I have to talk to this rude attorney again or should I wait and see what happens? Thank you for any advice.


Asked on 12/12/07, 9:40 am

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Lawyer for creditor against estate that doesn't exist...

As is often the case, the debt collector is lying. Just for fun, send a certified letter to ask this prevaricating humanoid to confirm his statements in writing and to never call you again. I'll buy you lunch on Monument Circle if he sends something that conforms to these outlandish claims. Then I will accept your case against this miscreant and his employer for violations of the Fair Debt Collection Practices Act. The idea that this rude barbarian is waiting for a paper from the State of Indiana is completely bogus. And I bet the assertion that this cretin is a lawyer is also false. Just so you know, the Indiana Probate Law requires a creditor to file a claim against a decedent within nine months of the decedent's death, even if no estate if ever opened. If an estate was opened, then the period for claims is shortened to three months. Unless you were a co-signer or a user of this credit card, then you have no liability. Good luck.

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Answered on 12/12/07, 12:26 pm


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