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Worker's Comp Policy trying to collect from deceased policy holder

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jojoz112

Junior Member
What is the name of your state (only U.S. law)? New York

My father was self employed before recently passing away. He had worker's compensation (New York State Insurance Fund) for his employee. They are now calling and sending letters to my mother to have her pay the outstanding balance on the account. She has just recently received a letter from a collections agency regarding this account as well. All correspondence is in my father's name. Being that he is now deceased, my mother should not be responsible for this account, correct? How can she have them stop contacting her and sending letters? My mother has repeatedly informed them via telephone, email and written correspondence, she has also sent a copy of the death certificate, that he is deceased. He left no will and did not have life insurance. What more does she need to do to close his account?What is the name of your state (only U.S. law)?
 


tranquility

Senior Member
They can always go after the assets dad had. And, in this case, may be able to go after mom directly. This could be a marital debt if the business was not a separate entity. If that means mom would have to pay, I'll leave to those who know how New York handles such matters.
 

canhelp

Member
it depends on the ownership of business.
if the company is out of business, then the policy can be canceled as of the date the business closed.
if the business was jointly controlled by both your father and mother and the business had coverage of the employees after your father passed, then she needs to advise the carrier of the ownership change and pay the premium.
depending on the situation she may need to contact the carriers underwriting manager and explain the situation.
 

jojoz112

Junior Member
Thank you.
The business was only under my fathers name. The company was canceled and they were informed that the business no longer exists. He and my mother both own a house, however she is in the process of selling it. Can they go after monies after the house has been sold?
 

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