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"He's dead" "Does not relieve him from paying"

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warmocom

Junior Member
What is the name of your state? TX

This is hilarious ...

My step dad was diagnosed with terminal cancer in 8/05. I moved he and my mom to my home town, just 3 doors down, so that my wife and I could look after them.

At thier old home, they had Cox cable.

I called and requested termination of service on the 10th of November, 2005. My step father's account paid the October bill on the 16th of November.

He gets another bill from Cox for the month of November.

Jim passes away mid December.

On the advice from my attorney, I write "Deceased" on the envelopel, insert it and a copy of the death certificate and return the bill.

Now is where it gets funny ...

I get a phone call from Stacy at Cox Cable. She explains that they have recieved my step father's death certificate, but that does not relieve him from paying the bill of $20.xx

I literally laughed outloud at her.

I told her that he was dead and she repeated that that didn't excuse him from paying this debt.

I asked if she understood what "dead" meant and she again repeated ...

I explained that him being dead meant that he would be unable to write a check and that he no longer has any income because he's DEAD.

She was a recording.

I told her I could give her his new address if she wanted it.

repeat.

I told her that any future correspondence should be in writing. I hung up the phone.

It was mind boggling ...
 


BlondiePB

Senior Member
It was mind boggling ...
It's not mind boggling at all. You just do not understand that dad's estate is responsible for the bill and so is his surviving wife due to the fact that TX is a community property state. The bill needs to be paid.
 

warmocom

Junior Member
I guess I'm not used to the cold, calloused world of debt collectors or lawyers.

Had she been the least bit sympathetic to having lost a loved one, then I would have argued that service was terminated early in November and my step father shouldn't have to pay for a full month of service.

Instead ... Cox can pound sand, as far as I'm concerned. What are they gonna do, ruin his credit score? or her's? She's 83 and headed for a nursing home ...

It's always easier to get what you want by being nice as opposed to being a jerk.
 

JETX

Senior Member
warmocom said:
I called and requested termination of service on the 10th of November, 2005. My step father's account paid the October bill on the 16th of November.

He gets another bill from Cox for the month of November.
And what dates were included in the November bill??

I get a phone call from Stacy at Cox Cable. She explains that they have recieved my step father's death certificate, but that does not relieve him from paying the bill of $20.xx
Guess what, Stacy is corrrect. The bill is now owed by his estate. His death doesn't affect the validity of the bill/debt.

It was mind boggling ...
What is mind boggling is your assumption that death somehow is a 'all debts free'. It isn't. The debts of the living person are not debts of his/her estate.

Texas Probate Code:
§ 3. Definitions and Use of Terms
(c) "Claims" include liabilities of a decedent which survive, including taxes, whether arising in contract or in tort or otherwise, funeral expenses, the expense of a tombstone, expenses of administration, estate and inheritance taxes, and debts due such estates.

§ 251. List of Claims
There shall also be made out and attached to said inventory a full
and complete list of all claims due or owing to the estate, which shall state:
(a) The name of each person indebted to the estate and his address when known.
(b) The nature of such debt, whether by note, bill, bond, or other written obligation, or by account or verbal contract.
(c) The date of such indebtedness, and the date when the same was or will be due.
(d) The amount of each claim, the rate of interest thereon, and time for which the same bears interest.
(e) In the case of decedent's estate, which of such claims are separate property and which are of the community.
(f) What portion of the claims, if any, is held in common with others, giving the names and the relationships, if any, of other part owners, and the interest of the estate therein.
 

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