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Bill collector calling

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rocks911

Junior Member
I am the executor of my mothers will. She died about 7 months ago and left behind a very modest house that was paid for and an old car. She had not a lot of debt and just a couple of credit cards.

I received a call today on my cell from someone representing themselves as collecting for Capital One. I didn't stay on the line very long as I was driving so I didn't get whether she was a collection agency or actually worked for Capital One. She said my mother owed a little over a thousand dollars. I told her to call back but I dont know if I should answer. Unfortunately I told her that I was the representative of the estate.

My mother passed her house to my brother in her will though we have not probated the will yet. To tell you the truth I've been debating even doing it. The house is valued at about 40,000 and thats pretty much all she had and she wanted it passed on to her adult child that has lived with her for years, so theres been no disruption to his life and mine is fine without the headache of probating the will.

What to do?
 


anteater

Senior Member
If probate has not been opened, then you are not the executor.

How do you think that brother is going to receive ownership of the house?

If you don't want to deal with probate, why not tell your brother to do it? After all, he appears to have more at stake here than you do.


AND, apparently you did not learn with your first thread 3 months ago. The question asking for the State is there for a purpose.
 
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tranquility

Senior Member
Pity you hadn't gone through probate, as that would set a time certain creditors can come after assets of the estate. (How did you transfer the real property without probate?) The estate is responsible for the debt. If the estate distributed assets, I believe the creditor can go after the assets, but can also go after the person who improperly distributed them.

Becase of the amount, this may go away if it is ignored. But, interest continues and you and/or the beneficiaries will be on the line if they sue.
 

anteater

Senior Member
Pity you hadn't gone through probate, as that would set a time certain creditors can come after assets of the estate. (How did you transfer the real property without probate?) The estate is responsible for the debt. If the estate distributed assets, I believe the creditor can go after the assets, but can also go after the person who improperly distributed them.

Becase of the amount, this may go away if it is ignored. But, interest continues and you and/or the beneficiaries will be on the line if they sue.
I took it that probate had not been opened and the property is still in legal limbo. And the OP is figuring that the Probate Fairy will somehow take care of it.
 

Dandy Don

Senior Member
Next time they call tell them that there are no assets in the estate.

Probate is needed to officially transfer ownership to the new heirs so you need to get this done as soon as possible.
 

rocks911

Junior Member
Thanks for the replies.

Anteater, got a bit of an attitude there dont ya. I'm looking for free advice not free attitude.

Yeah I didn't indicate my state, sorry about that I wanted to make my point and forgot to include that info. Has that ever happened to you anteater have you ever forgotten?

The "estate" is in Texas

Nothing has been transferred tranquility. The house was paid off months before my mother died. She died with the house in her name, my brother lives there but it is not in his name.

You said "The estate is responsible for the debt." Alright, whos "the estate"?
 

justalayman

Senior Member
Next time they call tell them that there are no assets in the estate.

Probate is needed to officially transfer ownership to the new heirs so you need to get this done as soon as possible.

so you advocate lying to a creditor? The house is paid for and there are few bills. It would seem there are assets in the estate.
 

anteater

Senior Member
Thanks for the replies.

Anteater, got a bit of an attitude there dont ya. I'm looking for free advice not free attitude.
Yeah, you might say that I have a bit of an attitude.... When someone returns 3 months after their first thread and indicates that they have just let things slide further.

Simply because the will nominates you as executor does not mean that you have to serve. If you do not want to do it, let the brother who is inheirting the house or one of your other siblings probate the will and administer the estate. Does the brother realize that he does not own the home? That it could be sold to pay mother's legitimate creditors?
 

justalayman

Senior Member
Thanks for the replies.

Anteater, got a bit of an attitude there dont ya. I'm looking for free advice not free attitude.

Yeah I didn't indicate my state, sorry about that I wanted to make my point and forgot to include that info. Has that ever happened to you anteater have you ever forgotten?

The "estate" is in Texas

Nothing has been transferred tranquility. The house was paid off months before my mother died. She died with the house in her name, my brother lives there but it is not in his name.

You said "The estate is responsible for the debt." Alright, whos "the estate"?
If somebody does not open probate within 45 days of death, a creditor can open probate. The creditors are entitled to their money and the family is entitle to whatever is left.
 

nextwife

Senior Member
If somebody does not open probate within 45 days of death, a creditor can open probate. The creditors are entitled to their money and the family is entitle to whatever is left.
Yup.

The FIRST place estate assets go is to pay the creditors of the decedent. Nobody has a right to the home (unless it was held as Jt Tenants and therefore passes outside probate) withoput the estate first taking care of it's creditors.
 

rocks911

Junior Member
Anteater,

So you cant just answer a question, you have to look at the posting history of a person and decide whether they took care of things in a timely enough manner to suit you? Screw you.

All others,

Thanks for the viewpoints.
 

anteater

Senior Member
Anteater,

..... Screw you.
Thank you.

Hopefully, that is not what your fiddling around will do to your brother. If a creditor files to open probate and for appointment as administrator, they are not going to care about any disruption to your brother. They will sell what needs to be sold to cover estate administration costs and creditor claims and distribute the remainder to the beneficiaries.
 
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aanubis

Member
I am toward the end of serving as administrator in a TX death. There was a house involved and I can tell you, nothing can legally happen until someone is appointed executor.

As others have stated, you don't have to serve. Someone else could then petition to be appointed administrator. The creditors have a right to be paid from whatever available assets there are. One cannot pick and choose even if the will specifies who is to get the house.

It reads that your mother's estate is solvent, or has enough money to pay the creditors. That is the first requirement, then if there are assets remaining, distribution can occur to heirs.
 
She had not a lot of debt and just a couple of credit cards.

Has anything been done about any of these other creditors? its probably just a matter of time before you hear from the other creditors, beside Capital One.

By not opening up probate, eventually all of the creditors will have to be dealt with. All will be able to look online, and determine that Mom had an asset - a house - that can be used to satisfy the debt.

Someone needs to open up probate - which can be done with a small estate affidavit in Texas. The creditors need to be paid. If there was no money in any bank account or any other stock, savings account, etc., the house has to be sold and the proceeds used to pay the creditors.

You will not be able to transfer the car or the house until probate is opened.
 

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