Is spouse responsible after death

[Spotswood]

What is the name of your state?What is the name of your state?Fla

My mother filed Ch 13 in 2003. She made timely payments until her death in November. She had the larger income, social secutiry and retirement. When she died it all stopped and she had no estate. My father is not on any of her credit cards. His only assets are a 1985 vehicle and a mobile home. CitiBank called him this morning and told him they are going to sue him for the balance. We notified the trustee when she died and sent the death certificate. Can he be sued? Is he liable for the remaining debt? His income is only 900 a month.
HELP! please

[Veronica1228]

Originally Posted by Spotswood

What is the name of your state?What is the name of your state?Fla

My mother filed Ch 13 in 2003. She made timely payments until her death in November. She had the larger income, social secutiry and retirement. When she died it all stopped and she had no estate. My father is not on any of her credit cards. His only assets are a 1985 vehicle and a mobile home. CitiBank called him this morning and told him they are going to sue him for the balance. We notified the trustee when she died and sent the death certificate. Can he be sued? Is he liable for the remaining debt? His income is only 900 a month.
HELP! please

Florida is not a marital property state, so if your father's name was not on any of these debts then he is not responsible for it. Your mother's estate, if she had one, would be used to pay any outstanding debts after she passed away. If her estate is insolvent, then the creditors get nothing.

[Spotswood]

FL
She had no estate. They had used all their savings on the credit cards then used her income to pay living expenses and medical bills not covered by ins. She was ill for quite some time. The only thing dad has is the car (1985) and the mobile home which is in his name. So Citibank is just talking? Is there anything I can do to get them off his back? He's 75, not in great health himself and this is really upsetting to him.
Thanks so much for your reply.

[Veronica1228]

Originally Posted by Spotswood

FL
She had no estate. They had used all their savings on the credit cards then used her income to pay living expenses and medical bills not covered by ins. She was ill for quite some time. The only thing dad has is the car (1985) and the mobile home which is in his name. So Citibank is just talking? Is there anything I can do to get them off his back? He's 75, not in great health himself and this is really upsetting to him.
Thanks so much for your reply.

Yes, I think Citibank is just bluffing and using scare tactics to get your father to pay. Send them a C&D letter by CRRRM telling them to stop. Florida does include the OC in their FDCPA laws so they must stop bothering you if you tell them to. Below is a website that has some sample letters that you can use. You may have to alter the letter to suit your purposes, but it will give you a start.

[url]http://www.creditinfocenter.com/forms/[/url]

Good luck to you and your father, and I'm sorry for your loss.

[Spotswood]

Veronica, Thank you so much for the advice and web site. I'll take care of the letter right away.
Much appreciation!

[Spotswood]

FL
What does OC and FDCPA stand for?

[Veronica1228]

Originally Posted by Spotswood

FL
What does OC and FDCPA stand for?

OC = Original Creditor

FDCPA = Fair Debt Collection Practices Act

The FDCPA was created to protect debtors from unfair collection practices by collection agencies. You have certain rights under this act. This act usually only covers collection agencies and not OCs, but some states have modified their laws to include OCs. This means that in the state of Florida if you tell Citibank (an OC) to cease contact, they must comply.

You can get more information on your rights under the FDCPA at the website I gave you above.

[Ladynred]

FL also has some very strong Elder Protection laws, you might want to look into those and find out if there's anything that can help him there too. I'd be willing to bet that Citibank themselves is not making these threats. I'd bet you a dollar to a doughnut that its a 3rd party collection agency.

[Spotswood]

Thank you so much for your help. Not being in the same state as my dad makes it difficult. I was so angry this morning when he called and told me about CitiBank. He was so upset. Unfortunately he didn't get a name, phone number or anything but supposedly they are sending him a letter stating they are filing suit. When it comes I am going to let them have it. He had a breakdown after mom died and it's been Hell. I'm 400 miles away (the only child) and have spent most of the last year in Fl when mom was sick then when he lost it. I have only been home for a few weeks. If this sends him back into the state he was in I swear I'll own CitiBank or whoever it is that's handling it. I agree it's probably a collection agency. They think they have an old person with no family/sense and he'll just pay which he can't.
Anyway, thank you again for the help. I'll probably have more questions!