Legal Question in Consumer Law in Massachusetts
Telephone Bill
I recently received a telephone bill from a long distance carrier. The charges were billed to my father's name at his previous telephone number. He died in January, 2000 and my mother kept the phone in his name, same number, until she passed away in December, 2000. Telephone service was discontinued effective December 31, 2000. This telephone bill was forwarded to me, at my address, on June 10, 2002 and customer service at the telephone carrier was contacted regarding this matter by telepone and facsimile. I was told that the bill was incurred in February, 2001, after the service was discontinued and the telephone number was given to another party. My question is; am I obligated to pay this bill ($116.60), given the fact that my parent's are deceased and it appears the billing was in error. The long distance carrier keeps forwarding the bill to me.
2 Answers from Attorneys
Re: Telephone Bill
Based on these facts, the creditor would only have a claim against your mother's estate assuming the bill was correct. Normally creditors have 1 year from the date the will is offered for probate to file a claim against the estate. You should send the creditor a certified letter with a return receipt request stating that your mother is deceased and the bill appears to be incorrect since it was incurred after death. You should also request that the creditor cease any efforts to collect this bill from you since it obviously is wrong since the charges were incurred after the service was disconnected.
Re: Telephone Bill
You are not responsible for your parents debts. Creditors may file a claim against the estate of your mother for 1 year from the date the estate is probated. That is their sole remedy.
The bill is not addressed to you. If they call repeatedly, advise them that they are in violation of the law, Fair Debt Collection Law (Federal)
I would just ignore the bill.
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