creditor rights

[sherry o'brien]

i am a medical collector. i need to know if we have the right to collect from a deceased's family member on outstanding claims or
by some law just take our loses?

 

[racer72]

If the deceased left an estate, you can collect from the estate. If a family member could be held responsible for the debt while the person was alive, you can also attempt to collect from this person. If neither of the above apply, you are basically S.O.L.

 

[sherry o'brien]

Thanks for that bit of information!!!! I am looking at this from a legal point of view. Is there a statute by the state that gives me a more define answer? There has to be something out there to protect heathcare providers from going bankrupt from so many of these situations. Is this advise coming from a lawyer or someone logged on the site as myself? Forgive if I am not getting--I am not that knowledgable of the law.

 

[dimond58]

if the decesed person had or the cort has appointed an adminstrator of the estate you can file a claim against the estate. or if some one had power of attorney for this persons you could file a claim. you did not say what state but in n.c. their is a 6 mo. probate period for creditors to file claims and for the estate to collect any monies owed. you could find out if their has been any one appointed at the clerk of court in the home county of the decesed.

 

[racer72]

I am not an attorney but the advice I gave was given to me by an attorney. And because you did not comply with the big red letters at the top of the page, you received a generic answer.

 

[sherry o'brien]

I want to thank everyone for their responses. Florida is the state that this information is in reference. So if there is any additional information to provide, i would appreciate it.