Legal Question in Consumer Law in Massachusetts

un fair credit debt

my wife left 2 visa cards. no joint cards .she passed away in july. collection agencys bothering me all the time. what can i do?


Asked on 11/17/08, 6:00 pm

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: un fair credit debt

Tell them she is dead, and to leave you alone.

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Answered on 11/18/08, 9:26 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: un fair credit debt

I am sorry for your loss.

Creditors must present the debt to the executor or administrator of the deceased debtor's estate in order to be considered. Assuming that your wife's estate was never probated, the creditors have one year from her death to commence administration of her estate on their own behalf.

Please do not hesitate to contact me if I can provide you with any further information, or assist you in dealing with these creditors.

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Answered on 11/17/08, 6:09 pm
Joseph Murray Joseph M. Murray, Esq.

Re: un fair credit debt

Please accept my condolences on the loss of your wife.

If you are not a joint obligor on the credit accounts, (i.e. if they obligated her alone) and none of the items purchased on the cards were "necessaries" of life for which you, as her spouse, might be held liable, the balances are debts of her estate, which must be filed as a claim against her estate within one year of her death or they are barred by the statute of limitations.

Consider retaining an attorney to determine if this is the case and to file whatever appropriate administration of her estate may be required to determine when her creditors rights to pursue these claims expire.

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Answered on 11/17/08, 7:03 pm


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