Legal Question in Consumer Law in Virginia

Warrent in Debt

My mither passed away Feb. 15,2008. I just received a summons for her to appear in court for a medical bill. What do I do?


Asked on 3/07/09, 1:48 pm

2 Answers from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: Warrent in Debt

Well, you don't actually have to do anything. But it might be better if you filed a response mailed to both the Court and the creditor's attorney (use the case # from the summons and lawsuit and mimic their format if you can), letting them know of this unfortunate development. You could attach the death certificate, but don't let that stop you if you don't have it.

They will then dismiss the case.

They may still submit a bill to the Administrator (Executor) of her estate and seek payment if your mother left any funds or property behind.

You are not responsible for her bill, but you cannot receive an inheritance from her until her debts are first paid off with what she left behind.

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Answered on 3/08/09, 1:12 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Warrent in Debt

Notify the creditor (as well as the court) that she's deceased, and that there are no funds from her estate to pay this bill(if that in fact is the case).

You may wish to attach a copy of her death certificate to each notice.

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Answered on 3/07/09, 5:33 pm


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