Estate debt collection

[Dark Shogun]

What is the name of your state (only U.S. law)? Virginia

Hello everyone

My mother was contacted by a debt collector in regards to owing a debt. The debt in question is owed by the estate of my aunt. My aunt had no will. My aunt didn't have anything so I don't even know if there is technically and estate. If there is I would think her daughter would be the executor of it. I am trying to see if the response letter I wrote on my mothers behalf is ok to send as a response. I have attached both the letter they sent (edited to remove identifying information) and my response letter (edited to remove identifying information). I think I may have come on pretty strong but debt collectors can really be a bother.

Thank you

Edit: Apparently uploads aren't allowed. I'll try to see if I can copy and paste them below. A moderator will need to approve the second post.

 

[FlyingRon]

If the estate had debts then there is an estate. Nobody is "executor" unless the court appoints one if someone opens probate. There's no particular reason to open probate if the estate has no assets.

I should just have whoever they contacted respond that they are not the representative or executor of the estate and they do not know who is. Unless at some point they signed on to be responsible for the debt, the collector can pound sand.

 

[Dark Shogun]

If the estate had debts then there is an estate. Nobody is "executor" unless the court appoints one if someone opens probate. There's no particular reason to open probate if the estate has no assets.

I should just have whoever they contacted respond that they are not the representative or executor of the estate and they do not know who is. Unless at some point they signed on to be responsible for the debt, the collector can pound sand.

Next of kin would probably be my cousin, my aunts daughter. We don't know where she lives and I put that in the letter. Sorry the 2nd post hasn't appeared yet, still under moderator I guess.

Thank you