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Creditors of deceased spouse

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fgs

Member
What is the name of your state?What is the name of your state? AL
I recently received a notice from a collection agency that has been hired as the successor to the bank that issued my late spouse's credit card. I assume that they purchased the debt from the bank. The letter is addressed to the estate of my late spouse. This debt was obtained/signed for years ago by my late spouse only, not me. The letter indicates that if a response disputing the validity of the debt is not sent within 30 days, they will obtain a judgment. This credit card debt was obtained by my late spouse. We did not probate because there was nothing to probate. I do have bank account that is under my SS# in both names joint with survivorship, but I was told that that is not part of an "estate." My question is: what is my obligation in regards to this debt? Can they seize my account? I had paid on the debt for three months after spouse's death, and stopped because I didn't have a job and I was told by an attorney that making payments would obligate me legally to pay it off. What should my next step be? Should I retain an attorney to handle this? Thanks in advance for any input. :confused:
 


Debt Guy

Senior Member
You need to close that bank account right away and open a new account in your name only.

Write a letter to the creditor. Say there was no probate since there was no estate.

If they want to sue the estate, let them.
 

fgs

Member
State: Alabama

Thank you, Debt Guy, for your response.

I have another question, please.
I spoke to two attorneys about this matter. One told me joint/survivor accounts are not part of the estate, and are not up for grabs by creditors of deceased. Another attorney told me that the creditor can get a judgment and have the account frozen, until they get what they want. Being allowed to sue the estate of the deceased is no different than sueing(sp?) the widow/widower when they are the only one remaining, and the account/asset is joint/survivor. The funds still come out of the widow/widower's pocket. AL is not a community property state, so how are the creditors of the deceased allowed to take assets of the widow/widower when that surviving spouse was not party to the debt?? Thanks for any reply.
 

Debt Guy

Senior Member
Are these lawyers giving you different answers or are they answering different questions.

Your question is over my head. I suggest you send a PM to Ladynred or JetX -- both are pretty good with this stuff.
 

fgs

Member
Two attorneys gave different answers to the same question, so I'm not sure what's true. Thanks for your reply.

LadynRed, JETX -- can you help me??
 
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