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Furniture who owes?

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JulianaM

Junior Member
What is the name of your state? Ohio My live in partner had bought several new pieces of furniture as a gift for me. I never knew what his finances or bills were as he kept his separate from mine. He died and I moved to a new apartment.
Several months later I began getting demands to pay for this fiurniture from creditors saying they were still owed on and he had not paid for them.
Can I keep this furniture as it was given to me as a gift and I had no idea he owed on them? I cannot afford to buy new furniture. I have no reciepts nor did I ever know what he owed or to whom.
 


Some Random Guy

Senior Member
You have two problems here.

First, how do you prove that it was a gift. This is furniture that he bought for an apartment that he lived in and used daily.

Second, was he allowed to give away that furniture before it was paid off. You would have to see his finance contract for that, but therer are often restrictions on giving away or selling financed items.

So, if the creditors are calling for him, asking for payment, just mail them a copy of his death certificate with a letter saying he does not live at your address. If the creditors are asking for you, then ask them for written proof that your furniture does not belong to you.
 

ForFun

Member
It sounds like the furniture was financed, and that the furniture store has a security interest in the furniture (as Some Random Guy suggested).

If that's the case, then they probably have a right to demand payment or repossess it.
 

JulianaM

Junior Member
Answer

The furniture was a Christmas gift to me, as he indicated on a Christmas card to me. I thought he had paid for it. He paid for it with Visa and Mastercard, and had ordered it online with the credit cards from Target, Walmart and some other stores. The month after he died I moved to another city and apartment. I thought it was mine as it was a gift. He left everything he owned to me in a will stating all his posessions, furniture, etc. so I thought it was all mine and I moved. I guess the credit card companies found out who lived with him in our old apartment from my previous landlord, and then they, the credit card companies started to send collection bills in his name to where I live now.
I assumed a gift is yours to keep, he never made any remarks that it was not paid for.
He left no cash or anything to me as we are older and are both on social security.
I cannot afford to pay for the furniture now or in the future as I have no money except my small s.s. check. as for the estate I guess I am it, but there is nothing but what possesions we had and I was named executress of his estate. He left no bills that I am aware of. I just simply packed up and moved and took my things (ours)
 

Some Random Guy

Senior Member
Its not clear from your posts whether the creditors are the from the credit card companies or the furtiture store that he bought it from. The CC companies will probably not have any security interest in the furniture.

You do not have any liability for his debts. BUT, his estate is liable. This means that his assets should be used to pay off his debts, and what is left is distributed according to his will. If his assest are less than his debts, then there is nothing to distribute to you, but you do not owe anything.

You say he had a will leaving you with everything - was it probated? Who was the executor? What was done about his outstanding debts?
 

JulianaM

Junior Member
Answer

When he was ill for the last year he wrote out a handwriiten sales reciept to me selling everything in the apartment to me for $100 He itemized evrything like sofa $10.00 chair $25 and so on. We lived month to month on both of our social security checks which were small. We had no savings account, no checking accounts. Only the contents of our apartment. He did the sales slop to me in case something would happen to him, that he would have nothing for me to declare in probate court. I never saw or knew about the credit cards bill for the furniture. So after he dioed and the attorney I went to had me fill out for court what he owned or owed on I said he owned nothing, that everything in the apartment was sold to me by him and he had nothing. Except his clothing.
I was named his executor but as we had nothing there was no estate he was completely penniless execpt for the social security check each month.
Even our old car was in my name it was 1992 car in bad shape.
I guess everything has closed in court. I havent heard anything since I moved.
But NO he had no money or anything that I knew of and still dont think there was anything.As we lived together for 12 years, we were poor.
 

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