My mom ran up a cc balance to $20,000 in the past year. I made the monthly payments out of her ss before she passed. Now, after funeral home I have about $1000 left from her life insurance. There is no equity in her home, and I still have insurance and utilities to be paid. Who do I pay?
All states are required to do MERP. More & more states are turning this over to outside contractors -HMS & PCG are the 2 big ones - who get a % of the recovery plus fees. It seems to be a debt collectors approach to the process and very short frame time line driven. If you or other family get a MERP letter it should not be ignored.
I'd like to add Discover to the BOA & Capitol One list of aggressive collectors.
Also you should do a final IRS filing. Can get sticky & could need to be amended if they died with CC debt. CC can issue a 1099-C cancellation of debt for whatever debt, interest & fees written off. 1099-C is taxable income.
In terms of data harvest and sale, the Secretary of State in Michigan also provides voter registration data to the political parties.
I contacted them last year when I became furious after receiving a political solicitation postcard that shared the information on which of my neighbors voted in the last election. I was livid. An SOS representative was somewhat apologetic that this takes place, but it still does.
Indeed, some agencies do not know what they are doing...they harvest data from all kinds of sources; unfortunately, they fail to grasp that someone has died, sometimes, even if they get a DC copy sent them!
When Mom's 3rd died, we kept getting letters soliciting donations, from the County's Boy Scouts organization. THAT took over 3 years to stop. Turned out they buy contact lists from County Records--indiscriminate of what lists those come from.
With all the email, calls and letters I sent the Boy Scouts, it MIGHT have caused them to re-think where they harvest contact data from!
[[with malicious sarcasm: 'Bless Facebook'...they are the world's #1 source of personal data that gets sold to industries and governments world-wide...]]
I wasn't aware of accounts being frozen. Interesting that you commented on info being sent to the state - I just received a query from the Secretary of State's office to the effect that it had been noted that my sister hadn't voted in years and addressing updated info so that she could vote. Apparently they never got the message.
creditcards/credit-card-news/six-exceptions-paying-tax-forgiven-debt-1282.php
Also remember:
IF there is Estate Value, credit card and other debt may be seen as "Income", and IRS wants paid. The debtor got money to spend which was otherwise not taxed as income at the time. If that debt is not paid, IRS might demand payment of taxes on that income, to finish cleaning up an elder's tax records.
IF elders die without any assets to pay debts, it's necessary to send a return-receipt-requested letter, and possibly a copy of the death certificate, to the company[s] the person owed money to, so they can close out the accounts. They will write it off as a loss.
Some companies WILL try to pursue family members to pay bills left by deceased persons. You can tell them clearly: "Stop harassing us; the person you seek died with zero assets; close your files on that, because there is no more responsible party left to pay it". They might also require a death certificate and letter.
Unless you are named as a part-owner/user of billing statements, credit cards or contracts, you do NOT have to pay the bills owing for someone who died with zero assets [though some States will try, and might succeed, at getting family to repay State money spent on impoverished individuals].
It's very important about notifying the 3 credit reporting agencies: they should freeze the person's credit ratings and reports, to prevent fraudulent use of that data.
Make a file copy of each letter and get a certificate of mailing for each when you mail from the post office.
I helped my uncle resolve $30,000 worth of debt in my aunts name only- she didn't tell him about the numerous cards she had opened to keep the derelict cousins afloat . Took two weeks. Problems solved.
FTC's Fair Dept Collection Practices Act of 1977
BillKratt--each state has different laws about the executor being paid. Where we live, it's a flat hour amount. If it were a lawyer doing it, you'd better believe they'd be charging every second. Just because my hubby didn't take advantage of it--doesn't mean that's right for everyone. He spent countless hours on cleaning up dad's affairs. The other kids just held out their hands for checks. (Yeah, I am a tad bitter about THAT.)
Advise them she is deceased and that there are no funds for payment on her debt. Don't mention anything about yourself or they'll come after you and harass you - I know of people who've had real problems with these two outfits.
Have you also notified the credit reporting bureaus of her death? I did this after both my mother and sister died not only for update purposes but so that any attempts to obtain credit in their names could be immediately identified as fraudulent.
Pay the bills that are necessary to maintain her house until you sell or otherwise dispose of it. Be aware that you may have some difficulty with the insurance agent and carrier if you're not living in your mother's house - underwriters aren't fond of insuring vacant homes.
As long as your name is not on any of your mom's credit card accounts you shouldn't have any problem.