Legal Question in Wills and Trusts in Ohio
Nothing in estate; harrassment by collections
Our son passed away months ago @ the age of 21 - no life insurance, no assets, what was left in his bank account(s) went toward his funeral we are still paying on. He left behind a debt to an American Express card he used while away @ college which has now gone to a collection company. My husband was granted the title of 'administrator' to our son's estate (or lack of one) through our local court. This collection company is relentlessly calling - almost to the point of harrassment - even though they have received all of the proof in paperwork from us they have asked for. Are we responsible for this debt as they are claiming??
2 Answers from Attorneys
Re: Nothing in estate; harrassment by collections
I am sad to hear about the loss of your son. No, you are not responsible for your son's debts unless you co-signed or guaranteed the debt. Under Ohio law, you may tell the collection company to stop calling you or you will report them to the police for harrassment. Once you say this, the law requires that they stop calling you.
Harold L. Hom
Re: Nothing in estate; harrassment by collections
In Ohio, creditors may only collect from probate assets. Unless someone else signed the credit application form, the creditor will not be paid. Even then, there is a statute prioritizing debts in order of importance and most of the funeral bill comes ahead of credit card companies (which have the lowest priority). If you have not signed the credit application agreeing to be responsible, AmEx cannot collect from you. Your lawyer should write to the company and tell them to leave you alone. Otherwise, ignore their mail and hang up on them if they call.
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