Legal Question in Credit and Debt Law in Utah
Debt collection of deceased
My father died in Utah leaving no assests,will, or estate. He had hit rock bottom as an alcoholic with no money at all. I paid for his cremation and went back home to California. I am now receiving his bills for utilities,credit cards ect..am I resposible for his debts?
2 Answers from Attorneys
Re: Debt collection of deceased
You are not responsible for his debts, unless you "co-signed" on any of the obligations.
Obtain a copy of the death certificate. Advise all of the creditors that he is deceased, and provide a copy of the death certificate for those that do not believe you. If any creditor takes action against you get in touch with me again. Attempting to collect your father's debt from you is a violation of the Federal Fair Debt Collection Practices Act. It is also a violation of California and Utah law.
Re: Debt collection of deceased
I am not familiar with Utah probate law, but in all likelihood you are not responsible. If the debt collectors start harassing you (as opposed to merely sending bills), you should contact an attorney because this might be a violation of the FDCPA or CA law. You can try my office if you like.
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