I found savings bonds that my 87-year-old mother had purchased in 1992. Checked on Treasury Direct and they were valid and got the value. Took my mother to redeemed them at the bank. After the bank had validated them they were redeemed by her. She passed nine months later. Here estate is closed and a couple of months later the Treasury says that the bonds that were redeemed had been declared lost and the replacements had been redeemed. They are coming after me personally as the executor of the estate, for the value of the redemption. I check again this month 1 year after redeeming the original bonds and those numbers are still showing as active bonds and the system provided a value. I realize that they are the Federal government but can they really do this?
So you did traditional probate, right? And within this, a required NOC (notice to creditors) was placed, right? By the NOC, I mean item placed in the newpaper that read along the lines of "notice to creditors, XYZ, resident of Houston, Tx / Harris County, estate opened PC # 2, docket # 12345, atty of record is Duewe, Cheatum & Howe at 9876 Apple St & to which all claims (debts) against the estate to be filed". NOC could have run in local newspaper or a speciality newspaper; kinda depends on city size & state regulations.
If this was done (& it should have been done & placed by your probate atty), then you get a copy of it. It should be an item within the docket chain for the estate; you can call PC and ask how to get it. Depending on court could have a fee. But doing it this way will be cheaper than asking the probate atty to get it as the estate is "closed". It will likely have a PC seal on it with date entered. You certify mail with return registered card this with a cover letter to Treasury Dept. In the letter you state something along the lines that:
- you did due diligence and checked with Treasury direct site which showed validity
- it's your understanding that as a NOC was done, any claims for debts against the estate should have been presented to the court; and within the time frame as per state laws; and if not, then the claim is time barred; & as such the claim is not valid & you consider that matter closed.
Do this type of short 1 page letter with your closing as "Jane Smith as executor of record for Mary Jones Smith" & see what happens. If you have an extra Letters Testamentary that names you as executor include that too.
The "you personally" is a ruse or an implied used often by wily debt collectors to make folks believe they are responsible for others debts. For those of us dealing with our elders finances, we often find they have all sorts of accounts past due, cancelled, defaulted on.... And all of which we were unaware of as everything looks ok when we visit. And the debt collectors will do whatever to affix that debt onto others as they know that the 80 or 90 yr old is not going to pay & has protected income (SS can't be attached) or is dead.
Ok also the certified mailing will run about $ 8.00. Best 8 spent!
Is it possible your mother did request replacement bonds and cashed them years before ?
If so, She would have had to declare interest on her tax return -
how far back do you have her records?