being sued-need advice

[ckwu]

one of my parents past away a year ago, and I wanted to know if bills (medical, credit card) under her name still need to be paid off. I assumed that if someone is deceased, that automatically negates payments owed.

Need advice urgently since we are being sued by a collection agency.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by ckwu:
one of my parents past away a year ago, and I wanted to know if bills (medical, credit card) under her name still need to be paid off. I assumed that if someone is deceased, that automatically negates payments owed.

Need advice urgently since we are being sued by a collection agency.

<HR></BLOCKQUOTE>

My response:

Before I can assist you, I need your State name.

Also, tell me if the papers say you are being sued in your capacity as an individual, or as the Executor of Mom's Estate. Also, I need to know who's names were on Mom's credit card contracts; e.g., did you also sign for them? Were the cards used AFTER Mom's death by anyone? Lastly, if the cards were not used after her death, when was the last payment made on the account? Was a probate action filed for your mother? If not, why not?

Answer all of these questions, and I'll try to assist you.

IAAL

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[This message has been edited by I AM ALWAYS LIABLE (edited November 01, 2000).]

 

[ckwu]

We live in California. The summons which was issued states my father as the defendant. The plaintiff is the collection agency for one of the doctors she saw. This is actually one of several collection agencies for the doctors who have taken to issuing us a summons. Concerning the credit cards, there were cards several members of our family shared and there were cards under my mother's name only.

Thanks in advance for your speedy reply.

 

[ckwu]

Following up the last response I sent, we did not go into probate because property and assets are jointly owned by my parents, so the title of ownership simply transferred over to my dad.