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Estate Settlement Questions?

BoatCop

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90 year old Mother-In Law passed, October 1st, in Assisted Living/Nursing Home. Was on State Long Term Care coverage, so no bills from the Home. Zero assets except around $750 remaining in checking account. Has several thousand $$$$ on 2 credit cards that were used for home health care, before she went on State Aid. All she had was furniture, that was mostly crap and went to the dump, some family passed down crystal and glassware, and pretty much nothing else. Has a will, with my wife as executor, but there's nothing except the cash, left in the "estate". No issues with any family feuding over anything. Her sources of income have been stopped (SS & Pension) and there is no life insurance.

How to best settle this with the two CC companies? They have been notified that she's passed and we have been told to ignore any bills. Do we split the diff on the remaining cash and send them each a check? No probate, plus a lawyer would cost more than what's in the "estate". What's the easiest "legal" way to settle something like this up this up? (Arizona)
 

mjc

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What are you trying to settle? Cc just ignore them. After my mom died the same way I just sent back any bill on got return to sender deceased. They stopped after about 6 months.
 

WATERDOG

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Tell CC's to sue or attach her wages. It might go against her credit rating though. :) Just write decreased and return as said above.
 

Wheeler

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90 year old Mother-In Law passed, October 1st, in Assisted Living/Nursing Home. Was on State Long Term Care coverage, so no bills from the Home. Zero assets except around $750 remaining in checking account. Has several thousand $$$$ on 2 credit cards that were used for home health care, before she went on State Aid. All she had was furniture, that was mostly crap and went to the dump, some family passed down crystal and glassware, and pretty much nothing else. Has a will, with my wife as executor, but there's nothing except the cash, left in the "estate". No issues with any family feuding over anything. Her sources of income have been stopped (SS & Pension) and there is no life insurance.

How to best settle this with the two CC companies? They have been notified that she's passed and we have been told to ignore any bills. Do we split the diff on the remaining cash and send them each a check? No probate, plus a lawyer would cost more than what's in the "estate". What's the easiest "legal" way to settle something like this up this up? (Arizona)
A friend that works for La Paz county should have an answer for you. I would imagine she handles things like this quite often
 

BoatCop

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A friend that works for La Paz county should have an answer for you. I would imagine she handles things like this quite often
I take it you're talking about the Fiduciary. She's also friend of ours. I can also talk with my kid. He's now an investigator for the Maricopa County Fiduciary.
 

Wheeler

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I take it you're talking about the Fiduciary. She's also friend of ours. I can also talk with my kid. He's now an investigator for the Maricopa County Fiduciary.
Yes. that's it.
 

C_J_J_C

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You or her remaining family are not responsible for her debt. Split up her assets however you all agree on.

This.
Went through this exactly two years ago. We wrote a check for the balance of the bank account to the funeral home and then mailed everyone a copy of the death certificate.
 

ChumpChange

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Unsecured debt. No recourse. Let it be.

Use the $750 for burial expense and other items that I’m sure will come up. At that point the assets will be zero and it is what it is.
 

rivermobster

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90 year old Mother-In Law passed, October 1st, in Assisted Living/Nursing Home. Was on State Long Term Care coverage, so no bills from the Home. Zero assets except around $750 remaining in checking account. Has several thousand $$$$ on 2 credit cards that were used for home health care, before she went on State Aid. All she had was furniture, that was mostly crap and went to the dump, some family passed down crystal and glassware, and pretty much nothing else. Has a will, with my wife as executor, but there's nothing except the cash, left in the "estate". No issues with any family feuding over anything. Her sources of income have been stopped (SS & Pension) and there is no life insurance.

How to best settle this with the two CC companies? They have been notified that she's passed and we have been told to ignore any bills. Do we split the diff on the remaining cash and send them each a check? No probate, plus a lawyer would cost more than what's in the "estate". What's the easiest "legal" way to settle something like this up this up? (Arizona)

Once you have the death certs, send one to anyone that has any interest in her estate. Order a bunch of them. Once the entities have those, they usually just go away.

I don't believe you have to file a probate or anything like that for that little that she had in assets. Make sure to send on to the IRS and all that too, so they know her SS is no longer valid.

Sorry about your loss. :(
 

Ace in the Hole

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How to best settle this with the two CC companies? They have been notified that she's passed and we have been told to ignore any bills. Do we split the diff on the remaining cash and send them each a check? No probate, plus a lawyer would cost more than what's in the "estate". What's the easiest "legal" way to settle something like this up this up? (Arizona)

Absolutely not. Notify them she is deceased and that's it. There is no real recourse since she has no assets and expenses like burial are priority over CC debt. They will likely try to intimidate you but they can get bent they can't come after heirs/family for it.
 

TimeBandit

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When my grandmother passed at 103 my dad put the cremation on her amex, then wrote "deceased" when the statement came. She had zero assets by the time she passed and we never heard from amex again.

Just write "deceased" on the statements and mail 'em back, nothing they can do but write it off.
 

Ace in the Hole

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When my grandmother passed at 103 my dad put the cremation on her amex, then wrote "deceased" when the statement came. She had zero assets by the time she passed and we never heard from amex again.

Just write "deceased" on the statements and mail 'em back, nothing they can do but write it off.
Don't even open them write it directly on the envelope.
 

Spudsbud

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Hell with them. Tell them go after her.....
Done.
They're insured.
Hopefully they dont have YOUR address.....
They have no legal grounds.
 
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HB2Havasu

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Spend the 750 on a nice dinner and drinks and remember the good times. As executor send send the wife to the post office where cc statements go and request a cease of all mail for death.
^^^ THIS ^^^
 

Spudsbud

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For anybody, in the future, get a P.O.Box when you need.to receive mail to settle an Estate. We did a friend did. nuther friend did not. He regrets it.
Done with after severalmonths..... cancell the POBox.
 

Spudsbud

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If I may.....
#1) 1st bill no matter what. Throw it away.
You get another, dont worry.
2) notify S.S. office.
3) Death Certificate to close any bank accounts.
Only take care.of 1 or 2 letters ( issues) a day. pace yourself. You're in no hurry at.all.
Any legat threats,...... ignore, throw away.
or...... send them her plot ### at the cemetery.
Ive been threw this 6-8 times between my family and assisting friends.
 

SLT Kota

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Sorry to hijack but what if the estate has non liquid assets (a house). Does the credit card debt need to be paid for with the proceeds of the sale of the house?

I didn't think credit card companies had any recourse but a family friend is running into this issue with an estate that should have been settled years ago.
 

Mr. C

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As was said. order a bunch of death certs. My MIL passed last month and we needed over 20 by time was all said and done.
You will need / should get /ask for a ashes disbursement form from the crematory for the future when you are ready. some places are / can be sticklers about letting you spread ashes without it.

I am sorry for your families loss:(
 

TimeBandit

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Sorry to hijack but what if the estate has non liquid assets (a house). Does the credit card debt need to be paid for with the proceeds of the sale of the house?

I didn't think credit card companies had any recourse but a family friend is running into this issue with an estate that should have been settled years ago.
Yes. The deceased person's assets must pay their obligations. So the house could be sold or whoever inherits the house could pay the bills and keep the house.
 

Ziggy

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@BoatCop
As executer of her mothers trust/will your wife could be responsible for taxes depending on moms final 706tax filing. I suggest you request an expedited final review to get her off the hook asap(expedited was 2yrs for my situation).
 
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kurtis500

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My mother in law passed in March of 2010 and we still occasionally get a CC bill or something odd. I would be careful of the taxes if the cash if traceable.
 

Gonefishin5555

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My mom had assets in probate my attorney proactively called the one credit card outstanding and they settled for .50 on the dollar even though they would have gotten paid in full if they waited. So probably paid the attorney $300 to save 2k.

In this case take the $750 and throw a party
 

bocco

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My mom passed a little over a year ago. The funeral home notified Social Security. SS notified the bank where the auto deposits went. Same bank had her only credit card so that got shut down automatically also (minimal ballance). I only needed about 3 death cirts to hand over to the lawyer to settle remaining investments and the house. Still got a bunch I never used. I think they charged about $20 per certificate.

Lawyer also had additional steps to the process that don't apply to this discussion.

Getting her final taxes done is a good idea assuming she did have income.
 

Justfishing

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An estate is supposed to pay any outstanding bills. I suppose legally if there was any assets the creditors could come after the estate. As an executor you would be expected to settle debts as part of closing out the estate. Any expenses incurred in a funeral, plot headstone could be paid before a creditor. Personal items dont have any real value.

I suppose a creditor could come after you but likely not. The best thing would be to talk to a lawyer
 

ChumpChange

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An estate is supposed to pay any outstanding bills. I suppose legally if there was any assets the creditors could come after the estate. As an executor you would be expected to settle debts as part of closing out the estate. Any expenses incurred in a funeral, plot headstone could be paid before a creditor. Personal items dont have any real value.

I suppose a creditor could come after you but likely not. The best thing would be to talk to a lawyer
Talk to a lawyer? This is RDP!
 

Swain

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90 year old Mother-In Law passed, October 1st, in Assisted Living/Nursing Home. Was on State Long Term Care coverage, so no bills from the Home. Zero assets except around $750 remaining in checking account. Has several thousand $$$$ on 2 credit cards that were used for home health care, before she went on State Aid. All she had was furniture, that was mostly crap and went to the dump, some family passed down crystal and glassware, and pretty much nothing else. Has a will, with my wife as executor, but there's nothing except the cash, left in the "estate". No issues with any family feuding over anything. Her sources of income have been stopped (SS & Pension) and there is no life insurance.

How to best settle this with the two CC companies? They have been notified that she's passed and we have been told to ignore any bills. Do we split the diff on the remaining cash and send them each a check? No probate, plus a lawyer would cost more than what's in the "estate". What's the easiest "legal" way to settle something like this up this up? (Arizona)
Just happened to my wife with her Grandma

You can get the money from the bank after 40 days. Need the death certificate also.

You will need to mail out the Death Certificates to the creditors etc.
 

BoatCop

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Thanks for all the advice. A couple things relevant to her situation........

a) Did not have sufficient income to file taxes for years. No issues there. Had been on AZ Long Term Care/AHCCCS-MEDICAID for quite a while. She was only allowed to keep about $193 a month of income. (The rest went to the Home)
b) Body donated to Science Care, cremated remains returned to us. All no cost to us. Will be scattered in Santa Monica Bay, as both her father and brother were. Her father was the first paid Lifeguard in LA County, brother was also career lifeguard in Venice, Santa Monica and Manhattan Beach.
c) Nursing Home contacted SS, we've contacted everyone else. All payments and bills have stopped.
d) Obtained 10 certified copies of death cert. So far, only one zero balance card has asked for a copy (faxed). Everyone else just said "OK".
e) There's still a $425 erroneous retirement payment in her account. Waiting for the Retirement clearinghouse to pull that payment back. Once that happens, we'll go close out the account, and that should be the end of it.
 

boatpi

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It’s pretty simple the estate has $750 any that’s owed by her in the estate must be paid until it goes to zero it’s a simple as that.
Send the creditors that notice and a copy of the death certificate.
 

4Waters

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Don't worry about it they can't send her to collections and write a check for 750.00 in her name to St. Judes children's hospital.

Oh and I can't stress this enough (I bet you already did it though, or are going to after Thanksgiving) but make sure she can't vote anymore, the 2020 election reminded my dad to go take care of that for my deceased grandfather
 

Orange Juice

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Sorry to hijack but what if the estate has non liquid assets (a house). Does the credit card debt need to be paid for with the proceeds of the sale of the house?

I didn't think credit card companies had any recourse but a family friend is running into this issue with an estate that should have been settled years ago.
Unless the home is tied to the loan?
 

C_J_J_C

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Unless the home is tied to the loan?
Both state and federal laws apply but for the most part if a debt is owed and the estate has assets the estate, not the family of or beneficiary of the estate, is liable for the debt. It is why if real property exists probate is usually opened, notice is published, and a claim period occurs before funds are distributed.
Estates are no joke if they have assets or if anyone contests.
In this case, under $1,000, I wouldn't touch it. I wouldn't do anything other than claim the remains and F everthing else.
 

Hermosa

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When my Dad, passed, it was the same. We sent death certificates to all that requested them and we were pretty much done, with the exception of TMobile, they fucking hounded us for months for payment on his $29.00 a month plan... I guess the death certificate wasn't enough, I guess they also didn't notice the phone had zero usage after his death date. So I had fun with them, I send them pictures of the funeral, with arrows pointing to the earn saying "that's him". We send the program for the funeral, pictures of my wife crying. We even sent some ashes in a zip lock baggie along with his flip phone. I wrote on the zip lock baggie "I'm still using this fucker" . It was funny, my Dad would have gotten a kick out of it.
 
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