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Credit Cards after Mom's passing

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Anonymous
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Credit Cards after Mom's passing

My mom passed away at age 58 from cancer on December 15, 2007. My dad lives in Illinois and now cares for my deceased mother's mom who is 90 years old. They live together on what used to be our family farm. Dad works in the maintenance department at a local factory and "grammy" as we call her lives off of her S.S. check. Dad called me tonight and shared this story: It seems that prior to my mother's passing she ran up quite a bill buying Christmas Gifts, among other things, on her Mastercard. My mother was the primary account holder on this card. In January of 2008, Mastercard called and asked to speak with my mother regarding a late payment on the balance. Dad informed them that mom had passed away. Dad told them he had sent payment by check, but Mastercard stated they never received it. After condolences, they graciously allowed him to make a direct debit payment over the phone. At that time, the customer service lady mentioned to my father that she was not sure if he was still held responsible for the debt, since the primary card holder was deceased. Customer service then asked for full documentation including death certificate, etc., etc., which my dad promptly provided them. Months went by and Dad continued to pay as scheduled for the next year after mom's passing, trying to chip away at the almost $20,000.00 debt. Just recently December '08 into January '09 a new company has been calling my father stating they are now handling the remaining balance from the card (about $17,000). They called themselves "deceased card member services" and were under a different company name and from a different city. At first they stated "the entire balance is due in full." When my dad told them that was not possible the stated "well, we can set you up on a $750.00 per month payment schedule." When dad told them that was not possible they offered to take $3000.00 off the balance (now $14,000.00) if he could find a way to pay in full. (i.e. HELOC or 401K loan). I told my father ABSOLUTELY NOT! Finally, the representative asked my father if he could afford the normal monthly payment (approx. $260.00) to which my father agreed. This company also told my father that no additional interest will accrue on this debt, EVER. ???Is that true??? Can someone please tell me what my dad's legal obligations are to pay this debt, who this company may be that is now trying to negotiate the debt, and what pitfalls he should watch out for. My dad is an extremely honest and hard working man. He has struggled to stay out of bankruptcy, pay his debts and maintain his integrity his entire life. He has done that despite the loss of our family farm and his wife. Please help if you can. Thanks.
Message 1 of 9
8 REPLIES 8
Anonymous
Not applicable

Re: Credit Cards after Mom's passing

My condolences.

 

Was this a joint account? Was dad or anyone else on the account? And is it a community property state they live in?

 

If joint account holder, Dad can be held responsible, but don't let a CA bully him. A community property state, he can also be held responsible. Many here will agree it is the moral thing to do to pay the bill, even if there is no longer a legal responsibility to do so.

 

Usually, it there is an estate, creditors will be notified and paid from it. If there was life insurance, debts do not have to be paid from it.

 

I will try to pull up the link and another thread concerning this.

 

Just don't let Dad make anymore promises  to this CA until you get some more answers here.

Message 2 of 9
oracles
Valued Contributor

Re: Credit Cards after Mom's passing

Great answer stef, i was going to say the exact same thing. I do believe however you need to contact a lawyer as well to find out your Dad's rights. I am extremely sorry for your lost. I too agree that the responsible thing to do is to pay the bill, however if it is going to compromise your father's ability to live a normal life because of this bill, i would see if there is a way he can avoid paying it. He has already lost enough.
Message 3 of 9
Anonymous
Not applicable

Re: Credit Cards after Mom's passing

Mod's please delete this link if I should not have drug up a locked thread. It did have alot of suggestions that were useful. I know it got heated, and I wish it had not. Death is a part of living and it is something we will all go through. I am STILL attempting to have my grandmother's will probated. No easy task, I will tell you all that. I know alot think it's moral to pay the bills, but I do not have the money to pay for everything she owes, but I am doing my best to get to everything I can paid out of her estate. So please, nobody pass judgement. Some people are in different situations and may not have the means (but do have the morals) to pay.

 

http://ficoforums.myfico.com/fico/board/message?board.id=creditcard&thread.id=123855&view=by_date_as...

Message 4 of 9
oracles
Valued Contributor

Re: Credit Cards after Mom's passing

From the many post you have written, it indeed shows you have the
morals to pay stef. You have been a very caring and supportive person
here in these forums. Once again, i think if it impedes your own
living, you should try to find how not to pay. You have lost enough. No
one in this world has the right to pass judgment against anyone.
Message 5 of 9
llecs
Moderator Emeritus

Re: Credit Cards after Mom's passing


stef37 wrote:

Mod's please delete this link if I should not have drug up a locked thread.


IMO, fine by me so as long as the discussion doesn't repeat here.

Message 6 of 9
Anonymous
Not applicable

Re: Credit Cards after Mom's passing


@oracles wrote:
From the many post you have written, it indeed shows you have the
morals to pay stef. You have been a very caring and supportive person
here in these forums. Once again, i think if it impedes your own
living, you should try to find how not to pay. You have lost enough. No
one in this world has the right to pass judgment against anyone.

Thank you. I am trying. My HHI is not near enough to take on the hospital bills that insurance did not cover, but I have found that calling and working with the creditors to pay something, it is better than nothing. So far, most have complied. When a prolonged illness and hospital stay are involved, things can get rather ugly financially even for those who are well off.

 

After reading that thread again, I forgot how bad it got. Sorry llecs. I understand if you remove the link.

Message 7 of 9
Anonymous
Not applicable

Re: Credit Cards after Mom's passing

stef and others,

 

thank you for your replies (already!)  I wanted to clarify a couple things.  1) I do think that my Dad was at least listed as an "authorized user" on the account even though he was never issued a card.  

 

2) I do think he wants to repay the debt.

 

3) I am suspicious of this  "Citibank  Deceased Cardmember Services" center based in Minneapolis, MN.  Are they real?  Why are they all over the board in trying to seek different payments amounts? and what about the "no interest accrual" they are talking about?  

 

4) What are the pros and cons of negotiating the payback amount (if he has to).  And what must he do to make sure he follows the rules so that it doesn't muck up his credit or come back to haunt him from a scavenger collector?

 

5) What timeline constraints may he be under?  The CC agency seems to want to rush repayment and that is just not realistic for my father.  He and my grandmother are on a pretty strict budget now.

 

Thanks again for all of your help. 

Message 8 of 9
Anonymous
Not applicable

Re: Credit Cards after Mom's passing

You are welcome Cheynne, and I am sorry this is what brought you to our forum.

 

I would suggest having your Father contact with an attorney to see for sure what his legal responsibilty is and if this is a legitimate company. It may be cheaper (and safer) than trying to deal with a company I couldn't even google. Citibank exist, but I found some absurd things about them collecting on deceased accounts. 

 

If he is AU only and not in a community property state, it can be disputed off his reports if they do place it there. So, that should not affect his credit.

 

I again wouldn't let them bully him into something. Most attorneys will allow a first visit to ask about a situtation without charge.

 

Good luck to you and again, I am sorry for your loss.

Message 9 of 9
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