Father's Estate and his Creditors

[kpence73]

What is the name of your state (only U.S. law)? Florida

My father passed away in September and his estate is worth less than $10K. He rented his house and the only thing of value is the car and personal items. Florida law excludes personal items like furniture, etc from liquidation in probate court. Florida also doesn't require probate for anything less than $50K or something like that. His creditors of course all said they would file a claim against his estate and do a property search for anything specific to file a claim on. My question is if they file a claim, are we required to probate his will and estate?

Also, all of the utility services that were in his name such as his home phone were disconnected. They have just recently sent a collection notice for the money owed on the phone account. The account was opened in my father's name with his social security number. My mother has a fear they will come after her for the payment even though her name isn't anywhere on the account (yes they lived in the same house). My research online told me that anything (creditors, utilities, etc) only in my father's name and not joint with my mother would not be held against my mother.What is the name of your state (only U.S. law)?

[Wirelessany1]

keep it in one thread...AGAIN

[kpence73]

Originally Posted by Wirelessany1

keep it in one thread...AGAIN

With a COMPLETELY different question.

[Heir7]

Originally Posted by kpence73

What is the name of your state (only U.S. law)? Florida

My father passed away in September and his estate is worth less than $10K. He rented his house and the only thing of value is the car and personal items. Florida law excludes personal items like furniture, etc from liquidation in probate court. Florida also doesn't require probate for anything less than $50K or something like that. His creditors of course all said they would file a claim against his estate and do a property search for anything specific to file a claim on. My question is if they file a claim, are we required to probate his will and estate?

Also, all of the utility services that were in his name such as his home phone were disconnected. They have just recently sent a collection notice for the money owed on the phone account. The account was opened in my father's name with his social security number. My mother has a fear they will come after her for the payment even though her name isn't anywhere on the account (yes they lived in the same house). My research online told me that anything (creditors, utilities, etc) only in my father's name and not joint with my mother would not be held against my mother.What is the name of your state (only U.S. law)?

The creditors are lying to you. My advice from personal experience is to not answer the phone when creditors call. Get caller ID and if you don't recognize the number or it says unavailable or out of area, then don't answer their phone call. Believe me, anything you say, can and will be used against you. They want to get information about the estate and the assets and any information they get will come back to bite you in the rear end.

You do not have to open probate...

" Do nothing. In general, relatives and friends have no legal obligation to do anything under the circumstances --- to pay the debts, to communicate with the creditors, to open a probate, whatever (some exceptions: a surviving spouse or if someone has contractually agreed to do it). So, by far the simplest solution is to walk away from the problem --- don't get involved. And if you choose this alternative, you should not begin taking any action at all, for example, by communicating with the creditors, and then change your mind and decide not to get involved any further. If you decide not to be involved, don't get involved --- from the start. Let the creditors do what they think is best to protect their own interests.



The "problem," however, with this alternative is that even if you have no legal obligation to pick up the pieces of the Decedent's death, the creditors and their collection agencies will do everything they can to try to get you to assume and pay the Decedent's obligations --- a true guilt trip. And they likely won't take "No" for an answer and will continue to hound you. After all, all they want is to get paid, and they don't care where the money comes from, as long as sooner or later, eventually, they get paid.



Consequently, while you may have no legal obligation to assume and pay an insolvent Decedent's obligations, if you tough it out and don't pay the creditors, you may not be out any money --- but ... the problem is that this alternative will likely cost you emotionally, with your getting repeatedly badgered by the creditors and their collection agencies, who will likely make threats to affect your credit ratings etc. This is not a "cost free" alternative."

[url=http://www.wa-probate.com/Instructions/Insolvent-Estate.htm]An Insolvent Decedent's Estate[/url]

[debtcollector`]

Originally Posted by Heir7

.... My advice from personal experience ...

Heir7's advice isn't worth the toilet paper it is wiped on.

DC

[Heir7]

Originally Posted by debtcollector`

Heir7's advice isn't worth the toilet paper it is wiped on.

DC

As a debt collector, I'm sure you wouldn't like my advice. You want to get paid your commission.

Debt collectors are scummy bottom feeding vultures of the earth, and I have nothing but contempt for them. Most of them couldn't find a job doing anything else because they just got out of prison.

People who don't want a debt collector to get paid should follow my advice.

The primary way a debt collector gets paid is by calling a debtor on the phone and bullying them into paying. It's cheap, it's easy, it's quick. If every debtor in the entire United States stopped talking to debt collectors on the phone, most debt collectors would have to look for another line of work. Maybe cleaning toilets, if they could pass the criminal background and drug screening tests that janitors have to pass. I doubt they could.

[seniorjudge]

Originally Posted by Heir7

The creditors are lying to you. My advice from personal experience is to not answer the phone when creditors call. Get caller ID and if you don't recognize the number or it says unavailable or out of area, then don't answer their phone call. Believe me, anything you say, can and will be used against you. They want to get information about the estate and the assets and any information they get will come back to bite you in the rear end.

You do not have to open probate...

" Do nothing. In general, relatives and friends have no legal obligation to do anything under the circumstances --- to pay the debts, to communicate with the creditors, to open a probate, whatever (some exceptions: a surviving spouse or if someone has contractually agreed to do it). So, by far the simplest solution is to walk away from the problem --- don't get involved. And if you choose this alternative, you should not begin taking any action at all, for example, by communicating with the creditors, and then change your mind and decide not to get involved any further. If you decide not to be involved, don't get involved --- from the start. Let the creditors do what they think is best to protect their own interests.



The "problem," however, with this alternative is that even if you have no legal obligation to pick up the pieces of the Decedent's death, the creditors and their collection agencies will do everything they can to try to get you to assume and pay the Decedent's obligations --- a true guilt trip. And they likely won't take "No" for an answer and will continue to hound you. After all, all they want is to get paid, and they don't care where the money comes from, as long as sooner or later, eventually, they get paid.



Consequently, while you may have no legal obligation to assume and pay an insolvent Decedent's obligations, if you tough it out and don't pay the creditors, you may not be out any money --- but ... the problem is that this alternative will likely cost you emotionally, with your getting repeatedly badgered by the creditors and their collection agencies, who will likely make threats to affect your credit ratings etc. This is not a "cost free" alternative."

[url=http://www.wa-probate.com/Instructions/Insolvent-Estate.htm]An Insolvent Decedent's Estate[/url]

I am looking for one single fact in here.

So far...nothing.

[Heir7]

Originally Posted by seniorjudge

I am looking for one single fact in here.

So far...nothing.

Oh, so the state of Washington who put up that information is wrong, and you're right? There are a lot of people on here (mostly debt collectors) who think they are very smart, but in reality they are stupid.

[anteater]

People who borrow money and refuse to pay it back are "scummy bottom feeding vultures of the earth."

Oh, so the state of Washington who put up that information is wrong, and you're right?

Reading comprehension appears to rank right down there with integrity in financial matters with you. That website is an attorney's site. Not the State of Washington's.

[racer72]

Originally Posted by Heir7

Oh, so the state of Washington who put up that information is wrong, and you're right? There are a lot of people on here (mostly debt collectors) who think they are very smart, but in reality they are stupid.

Even if the link was from the state of Washington, it is totally irrelevant to the OP problem. He is from Florida.

[Heir7]

Ahhh! Debt collectors are so stupid.

There is no state in the country that forces the family to open probate.

You just don't want the debtor to know that they have options.

[Heir7]

Originally Posted by anteater

People who borrow money and refuse to pay it back are "scummy bottom feeding vultures of the earth."


Reading comprehension appears to rank right down there with integrity in financial matters with you. That website is an attorney's site. Not the State of Washington's.

Well, I would value the opinion of a real attorney in Washington over your opinion any day.

You're just some hack on a website who thinks he's very smart, but you're an idiot debt collector.

[Heir7]

Originally Posted by racer72

Even if the link was from the state of Washington, it is totally irrelevant to the OP problem. He is from Florida.

And you don't think there is at least some similarity in probate law throughout the United States?

This is a challenge.

I defy anyone on this message board to show me the law that says a family MUST open probate in any of the 50 states.

There is no such law.

A family can simply walk away from the estate and do nothing. And not open probate.



Note: I hope by now the original poster has read this, and now realizes that he/she does not have to open probate and that there are other options out there. Good luck to you.

[anteater]

Originally Posted by Heir7

And you don't think there is at least some similarity in probate law throughout the United States?

This is a challenge.

I defy anyone on this message board to show me the law that says a family MUST open probate in any of the 50 states.

There is no such law.

A family can simply walk away from the estate and do nothing. And not open probate.

Nice strawman argument. Nobody ever argued that.

What was objected to was advice being given by a deadbeat who apparently feels that lying to creditors to cover up a sibling's fraudulent activities is perfectly acceptable. (See the thread in the Probate forum.)

ADDITION: And by a creep who goes around closing his/her threads.

[Heir7]

Originally Posted by anteater

Nice strawman argument. Nobody ever argued that.

What was objected to was advice being given by a deadbeat who apparently feels that lying to creditors to cover up a sibling's fraudulent activities is perfectly acceptable. (See the thread in the Probate forum.)

Yes, you and other posters were arguing with the information.

And did you notice that no one else bothered to answer the original poster's question about whether or not the family is required to open probate? Debt collectors don't want the information to get out to the public, so they just try to trash and bully anyone like me who tries to give out the information.

Go clean some toilets now.