Credit Card vs Probate Court?

[Anonymous]

 It took 8 months for my husband's estate to process through probate court (a legal requirement in Texas).  All accounts were paid in full through the court except for an MNBA business credit card.  This company refused to send the required documents or respond to the probate attorney.  They proceeded to write the $3000 debt off as a collection.  According to the probate court, since this debt did not appear before the judge, it did not exist  and I was instructed that as legal executrix,  I was not liable for this debt.  According to the 3 credit agencies,  I am responsibe.  I have one (1) revolving credit card with a monthly paid off balance that I have had for 20 years.  But I was recently turned down for a home loan due to this collection showing on my account unless I wanted to pay the $3000.   I am unable to get a release from the creditor but the probate attorney told me that I am not liable.  Any suggestions of how to deal with this?

[Anonymous]

First... sorry for your loss.

Second .... send dispute letters (certified mail return receipt requested) to Original Creditor or Collection Agency  whoever has it now. **

Third.... also dispute it directly with ALL THREE Credit Reporting Agencies

and if you have access to your husbands Credit Report that showed him as responsible for these accounts.

**ALSO you may want to include a copy of death certificate in the disputes.

Good luck!

[Anonymous]

In your case I would also file a complaint with the FTC, BBB, your state AG and the AG for state that is listed on your credit report for the CCC/CA. You might also want to consider contacting a lawyer to help you with this as it is most definitely not a common question here.

[Anonymous]

I don't understand why it would affect you....all CR are seperate unless joint....were you a joint holder on this?

[Anonymous]

Oh dodie, I'm very sorry for your loss. 

As the executrix of the estate, you personally are not responsible for debt UNLESS you are a joint account holder or you co-signed for the debt.    If you are not a joint account holder or you did not co-sign for this account, this should not be showing up on your credit report.  

However, the creditor can contact you about the debt since you are the executrix of the estate.  They are allowed to "go after" the estate for the balance due.

If you are not a joint account holder or you didn't co-sign for the card, I would talk to the probate attorney again and get his/her assistance with resolving this.   S/he will probably have to help you send the proper documentation to both MNBA and the collection agency.   The estate needs to settle the bill, and the entries need to be removed from your personal credit report (most important).