Executor (Do I need to PAY)

[christine.mabe@]

What is the name of your state?What is the name of your state?
Florida
I am the Executor of my step fathers Will who passed away 2002 in Canada.
During the last 10 years of his life he lived 6 months of the year in Florida and 6 months in Canada. While he was in Florida he obtained a credit card, from none payment it went to a Collection company and has not been paid on as of March 1999.
After his death I notified this company with no responce. 3 weeks ago I called them and they stated that in Jan 2005 they sold the file to another Collection Company.

Here in Canada if a credit card is not pay for after 6 years it is whipped clear, is the law the same in Florida or am I required to pay this bill.

Hoping someone may have an answer!!!

 

[seniorjudge]

What is the name of your state?What is the name of your state?
Florida
I am the Executor of my step fathers Will who passed away 2002 in Canada.
During the last 10 years of his life he lived 6 months of the year in Florida and 6 months in Canada. While he was in Florida he obtained a credit card, from none payment it went to a Collection company and has not been paid on as of March 1999.
After his death I notified this company with no responce. 3 weeks ago I called them and they stated that in Jan 2005 they sold the file to another Collection Company.

Here in Canada if a credit card is not pay for after 6 years it is whipped clear, is the law the same in Florida or am I required to pay this bill.

Hoping someone may have an answer!!!

Where is his will being probated?

If it is FL and he has assets in FL and it is still within the SOL (see below) then you must pay (and you can ask for a validation).

If all this is taking place in Canada, ask a Canadian lawyer.

Standard answer on expired SOL and/or validation and/or dispute letters.

SOL
http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

 

[christine.mabe@]

My Step fathers Will is not being Probated as here in Canada if the Estate is not over $10,000. it is not required.
He does not own property in FL.
I have contacted a Canadian Lawyer who advised me to check the laws in Florida with regards to the 6 years of none payment before attempting to make any payments.
---------------------------
Just prior to him passing away he set up an apartment in ONT (the week before). I went to ONT and sold everything to alow money for the bills.
There was a small amount of money which I put in an Estate account. He had owned a moble in Florida which was left to my sister as a gift valued at $7,000.
There were 6 out standing bills, 5 which were in Canada and the one credit card which was with a Collection Company from Florida. I still have two bills left to pay 1 for Canada and ??? the Credit card for Florida???

I still have moneys left in the bank just in case there is any thing that comes back from the tax man, and if they don't as in my fathers will any thing left is left to my sister.
I know my job as Executor is to pay all bills however my sister seam to have a problem with this one from Florida.

So I am looking to see if as Executor am I liable for this as the lawyer I seen last Friday asked me to check in to this???
ow ever if they don't

 

[seniorjudge]

My Step fathers Will is not being Probated as here in Canada if the Estate is not over $10,000. it is not required.
He does not own property in FL.
I have contacted a Canadian Lawyer who advised me to check the laws in Florida with regards to the 6 years of none payment before attempting to make any payments.

Okay, we are not allowed to pull teeth here...dental regulations, you know.

First you said: I am the Executor of my step fathers Will who passed away 2002 in Canada.

Now you are telling me there is no estate in Canada and (I guess?) there is no estate set up in FL because he has no property there.

Where was your father a resident of when he passed?

Where were the bills from? US or Canada?

If they were US bills and your pa had no US property, then why would you even consider paying them (unless you are a good conscientious person).

In any event, please do not keep us in the dark any longer...tell us what is going on.

 

[christine.mabe@]

Okay, we are not allowed to pull teeth here...dental regulations, you know.

First you said: I am the Executor of my step fathers Will who passed away 2002 in Canada.

Now you are telling me there is no estate in Canada and (I guess?) there is no estate set up in FL because he has no property there.

Where was your father a resident of when he passed?

Where were the bills from? US or Canada?

If they were US bills and your pa had no US property, then why would you even consider paying them (unless you are a good conscientious person).

In any event, please do not keep us in the dark any longer...tell us what is going on.

Just prior to him passing away he set up an apartment in ONT (the week before). I went to ONT and sold everything to alow money for the bills.
There was a small amount of money which I put in an Estate account. He had owned a moble in Florida which was left to my sister as a gift valued at $7,000.
There were 6 out standing bills, 5 which were in Canada and the one credit card which was with a Collection Company from Florida. I still have two bills left to pay 1 for Canada and ??? the Credit card for Florida???

I still have moneys left in the bank just in case there is any thing that comes back from the tax man, and if they don't as in my fathers will any thing left is left to my sister.
I know my job as Executor is to pay all bills however my sister seam to have a problem with this one from Florida.

So I am looking to see if as Executor am I liable for this as the lawyer I seen last Friday asked me to check in to this???
ow ever if they don't

 

[BlondiePB]

Extraction

christine.mabe@, what seniorjudge is trying to extract from you was your father's declared domicile. Was your father a "snowbird" (declared resident of Canada that went to FL for the winter)?

Also, was the title to the trailer in FL changed to your sister prior to dad passing?

 

[seniorjudge]

christine.mabe@, what seniorjudge is trying to extract from you was your father's declared domicile. Was your father a "snowbird" (declared resident of Canada that went to FL for the winter)?

Also, was the title to the trailer in FL changed to your sister prior to dad passing?

OP, please list all the assets in FL; list all the assets in Canada; list all the debts in FL; list all the debts in Canada.

Thanks.

 

[BlondiePB]

OP, please list all the assets in FL; list all the assets in Canada; list all the debts in FL; list all the debts in Canada.

Thanks.

I'm sorry, sj. It looked to me as though OP stated eveything except place of domicile, which is most likely Canada. The 6 months in Canada and 6 months in FL is a very good indicator that Canada is the place of domicle. This is how I understand things:

One credit card debt in FL in collections

Trailer in FL that was gifted to sister. However, what is unknown is whether or not the titled was changed to sister and that (not changing the title) can affect the credit card debt owed in FL as well as some other things.

Bank account in Canada with money in it and credit card debt in Canada. No other assests in Canada.

Have a good day.

p.s. Watch out for beatlenuts who posted in Elder Law section. I do remember her posts and even replies to her posts that were deleted and am expecting to be attacked by her.

 

[seniorjudge]

One credit card debt in FL in collections

Trailer in FL that was gifted to sister. However, what is unknown is whether or not the titled was changed to sister and that (not changing the title) can affect the credit card debt owed in FL as well as some other things.


Okay, if that is true, then OP should validate the debt and pay it if valid so as to avoid problems with the trailer.

Standard answer on expired SOL and/or validation and/or dispute letters.

SOL
http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

 

[christine.mabe@]

One credit card debt in FL in collections

Trailer in FL that was gifted to sister. However, what is unknown is whether or not the titled was changed to sister and that (not changing the title) can affect the credit card debt owed in FL as well as some other things.


Okay, if that is true, then OP should validate the debt and pay it if valid so as to avoid problems with the trailer.

Standard answer on expired SOL and/or validation and/or dispute letters.

SOL
http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

The trailer did tranfer to my sisters name the month after my step dad passed on. I was going to have it put to my name on behalf of the estate, however my sister intervined with the Tranfer as it was a gift, my plan was to sell and pay the bills.
From the web site you sugested the SOL looks to be 4 years!!!!

 

[seniorjudge]

I was going to have it put to my name on behalf of the estate, however my sister intervined with the Tranfer as it was a gift....

Que voulez-vous dire ?

 

[christine.mabe@]

I was going to have it put to my name on behalf of the estate, however my sister intervined with the Tranfer as it was a gift....

Que voulez-vous dire ?

Soory I know my spelling is bad and I don't due french

 

[seniorjudge]

I was going to have it put to my name on behalf of the estate, however my sister intervined with the Tranfer as it was a gift....

Que voulez-vous dire ?

Okay, explain this in English.

 

[christine.mabe@]

Okay, explain this in English.

OK this is making a small question a very long story and I think my teeth are starting to hurt.....

When I tried to sell the trailer they stated it had to come out of DAD's name for the sale. I then contacted the branch office to tranfer the trailer, sent them a copy of the will and paper work showing I was the Executor. During this time I was keeping my sister informed and advised her what I was doing.
My sister then proceded to call them and told them it could not go in my name on behalf of the Estate as it was a gift to her. I told them it was my job to pay the bills and that what ever was left would be a gift to her!!
How ever they stated they would not get envold if there was a disputed within the family and said they would have to put it in my sisters name.
So the trailer went in her name.. this has been the sister from He... as far as making my job smooth.

 

[anteater]

OK this is making a small question a very long story and I think my teeth are starting to hurt.....

When I tried to sell the trailer they stated it had to come out of DAD's name for the sale. I then contacted the branch office to tranfer the trailer, sent them a copy of the will and paper work showing I was the Executor. During this time I was keeping my sister informed and advised her what I was doing.
My sister then proceded to call them and told them it could not go in my name on behalf of the Estate as it was a gift to her. I told them it was my job to pay the bills and that what ever was left would be a gift to her!!
How ever they stated they would not get envold if there was a disputed within the family and said they would have to put it in my sisters name.
So the trailer went in her name.. this has been the sister from He... as far as making my job smooth.

Yes, it is getting long, but it is intriguing!!

The "branch office" of what? The trailer was owned by your Father, oui? What kind of people were you dealing with that would tell the executor of the estate to essentially bug off and then transfer title to someone else because that someone said it was a gift to them?