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credit cards companies limit to file with estate

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J

jwren

Guest
What is the name of your state? GA

I have a question, My Dad passed away in Nov 2001, he had a lot of dept, mainly credit cards. Me and my sister are the executers and have been trying to close the estate, (not much of one, $15,000 is all that is left after the funeral expenses were paid and secured debt)
He also had some bills from the hospital the last two weeks of his life that were not covered by the VA hospital, (his only insurance) We had to submit the bills three times to the VA to see if they would pay, but they still have not, we cannot pay any other debts until they are paid. We contacted the hospital (one of the largest charges) their paralegal informed us that she was going to write it off, she also told us that unless there were claims against the estate in the 6 month period from the time it was put into the local paper, that we should not pay the credit cards.

I am not sure if that is true. One credit card just last week tried to file a claim againt it in the probate office, (2 1/2 years later) I received this notice they said it was certified mail but was only sent to me regular mail. Can they file a claim this late?

And are we required to pay all this debt if they never filed claims with the probate? Some of the credit cards have lawyers and have been sending us letters asking about the money, we have contacted them and told them the situation with the hospital and the fact that if we have to pay that there will be very little if any left for paying credit cards.

On a seperate note, when my dad passed away we (my sister my brother and I) paid out of our pockets for all the funeral expenses and secured debt that we had to pay off in order to keep in good standing, so when the house was sold we took it back out of his part of the house (he owned 1/4 of the house, we owned the rest for the prior 7 years as my Mom left it to us in her will) she was afraid he would spend it and leave us with nothing, so she wanted him to live there till he passed and that way we would have something left, ours was deeded in our names from the time of her death, 7 years before him, so it was legally ours and we were not required to pay his debts with it.

Can you advise about what to do with the credit cards? We are paying the remaining medical bills, but we don't want to end up spiltting the rest of the money and then have them be able to still come after it. So is it true that if they never filed a claim we are ok.
Also what is the rate for the executers to be paid for their services. I know that comes last, but was curious.

thank you,
 



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