Legal Question in Credit and Debt Law in Texas
Can Sears collect from an estate without proof of purchases?
My father passed away in April and left a major department store credit card debt of $12,400. We have asked this company for copies of his signed purchase receipts so that we can verify or dispute my father's alleged purchases as an inventory of his property revealed only one item (a refrigerator) purchased from this company. My father was elderly and surrounded himself with people I would characterize as shady - people who would, I think, have used my Dad's card to make their own purchases. The company has told us on two occasions that they are not able to find ANY signed receipts for my Dad's account. Do we have a legal right NOT to pay this debt on behalf of my father's estate as there are no receipts to prove the purchases were made?
1 Answer from Attorneys
Re: Can Sears collect from an estate without proof of purchases?
Sears may file a claim against your father's estate and then have to prove that your father incurred that much debt. They may also ask for their attorney fees if they can prove up the debt.
If you can identify the refrigerator as being a Sears purchase, you'd be well off admitting to that debt alone and paying it off. That way you can legitimately deny the balance of the $12,400.
And you've shown that you've acted in good faith.
That action, and any subsequent actions, should be handled by the executor of your father's estate.
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