Legal Question in Credit and Debt Law in Kansas
mother deceased
My mother died in September 2005 at age 86. I have been collecting her mail to pay utilities. A letter from a collection agency stated she owed $7,000.00 on a Discover card. I wrote ''deceased'' on the letter and returned it.
Is this sufficient action to get this debt completely erased? I am the executor of the estate. When I was going through mom's papers, I noticed that this collection has been going on since year 2000.
The original debt was $1,500.00 with a $2,000.00 credit limit. Her meager monthly payments could not reduce the total so she soon became overlimit. With 26% interest, card membership fees and overlimit fees it grew into a $7,000.00 bill.
From the collection letter, I concluded that she called them to say she does not owe this amount and has been writing and stating that since year 2000. (I am sure she could not understand how the constant monthly fees kept multiplying the total)
My father is deceased also. The estate consists of the homestead located on 5 acres, 1987 Buick, and personal furniture and belongings.
How can I handle this matter so the bill is erased. I want to have it erased even before probate to help mom finish what she started in year 2000.
1 Answer from Attorneys
Re: mother deceased
You may not be able to "erase" the debt. However, YOU do not owe the debt. However, your mother's estate might. If you open an estate, you must give Notice to the creditors, or they may be able to come forward later. If you are the executor of the estate, then you must already have a probate estate open, as no one can appoint themselves executor or personal representative. If an estate has not been opend, then you are not the executor or personal representative. Given the amount of assets you described, you may not have to open a full estate. Where did your mother live when she died? If it is in KS, you may be able to do a Small Estate Affidavit.
Good Luck
Given the amount of assets you mentioned
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