Legal Question in Credit and Debt Law in New York

Debt collection and probate

Can a debt collection agency trying to collect a credit card debt from the estate of my deceased father place any claim on our home which is in the name of my mother and myself. My mother changed the title from her and my dad to me and her when he passed away. My mom is 80 years old and in poor health and has no money except for her social security check - she is dependent on me. The collection agency told me today that the house can be probated since it was in my dad's name with my mom prior to his death. Is this true? Can they place a lien on the house? This debt was incurred on a credit card that was in my dad's name only. My mom can not afford to pay it and was told that since here name did not appear on the account, she does not have to pay the remaining balance. What are our options?


Asked on 1/19/06, 6:47 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Debt collection and probate

1. In your response you must deny the debt and require the credit card people to 'prove' the debt.

NEVER ACKNOWLEDGE OR IN ANY WAY ACCEPT THE VALIDITY OF ANY DEBT AT ANY TIME IN WRITING OR IN EMAIL.

2. When did you father pass? There are 2 issues here: they must bring the debt to the attention of the estate and also, they must come forward within a certain time period after the property is passed.

3. And this would settle the matter once and for all: did your parents share the property as 'joint owners'?

This might be worth discussing with an attorney in more detail. There is a high propbability that no lien may be made on the house.

You are welcome to schedule an appointment through email.

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Answered on 1/20/06, 12:58 pm


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