Credit Cards & Death while in Chap 13?

[IM2Stressed]

My wife passed away in June of this year.

My wife and I were both in Chap 13 that was discharged (100% plan paid in full) about 5 weeks after my wife's death. Somehow my wife managed to get some credit cards while we were in bankruptcy.

I knew nothing about any of these until after her death (actually, I knew about one account about 2 years ago and I made her cut it up an close the account in front of me - and promise to never do it again). After her death, and while still in bankruptcy, I found out about some accounts that she had opened, most with balances between $20 and $250.

After this discovery, I talked with a legal assistant at my BA's office about the problem. I told her I did not know about these accounts, and based on my research, I would not be liable, but she did not offer advice.

My wife essentially has no estate (will not go to probate). Life insurance is a contract that is not touchable (was not enough to cover funeral expenses anyway). I am paying her medical expenses not covered by insurance that occured while in bankruptcy and the emergency services at the time of her death.

I have contacted all of the card issuers with death notification and have provided copy of death certificates. None of these accounts have my name on them. Most of these companies appear to be gearing up to collect.

My question is. Am I liable? I probably should enlist an attorney.
I thought life would be better after bankruptcy discharge. *What was I thinking?

[AngelinaCat]

Hi Friend....

I am so sorry to read of your wife's death. My heart goes out to you.

I am amazed that she actually opened up new credit cards while in an active BK. One needs the Trustee's permission to incur new debt. The fact that she did it behind your back and without your knowledge, is another matter, and I won't go there.

What are the amounts that she charged? I am not familiar with Kansas Civil Law, or CH13s--my 'Hub and I are an Asset CH7.

My first response would be to file an affidavit with your local Circuit Court and have it entered into the Public Record, to the effect of: "I am responsible for my own debts. I have no knowledge of these debts prior to the date of my wife, Xxxxx, X. Xxxxxxx,'s death, my name is NOT on any of these accounts, and I hereby disavow any responsibility for them."

Once this document is filed with your Circuit Court, get a certified copy of it, and along with a copy of a certified copy of your wife's death certificate, and send a C & D letter to all of these cc companies. Send by certified mail with a return receipt. It will be a little pricey, but if you can get these hounds off your back, it is worth a try.

Please keep us posted, and let us know how you are doing.

[catleg]

My mother in law passed away about 8 years ago, she lived on $900 a month from social security.
She had a credit card from MBNA with a $20,000 line, but only owed a few hundred.
Plus we got all kind of bills from doctors who treated her in the hospital. (medicare deductibles)
I sent all of them a copy of her death certificate with a note that she had passed away leaving no estate.
Eventually it all went away with no issues.

[pinkpeanut01]

When my mother passed away a few years ago, we discovered her secret $30,000 in CC debt. She was survived by my father, so like you, no probate or estate. All debt was in her name only. We just called each credit we knew of and told them. Some wanted a death certificate, which we gave, and others were content to google an obituary (I kid you not). I want to say my dad got one or two collection calls, but I took them for him and strongly told them she is dead and they will hear from an attorney if they call again. They never did. Like the above poster, it just went away, and rather quickly. They seem to accept death pretty easily as long as you prove it.

I am very sorry for your loss and the added shock of finding out about her continued credit vices.

[99lawdog99]

Credit cards know that they cannot collect from anyone except the one who contracted for the card. The only other source from which to collect is the estate and if there is none then that's usually it. What they try to do is get someone else to assume the liability. Discover card is famous for thisd. They usually contact the family and ask them how they plan on paying off the debt. They don't tell them they are liable or anything like that, they simply ask a question hoping to get a family member to assume the debt. There is nothing illegal about this. They never claim that the person is liable or has to do it , they merely ask and alot of people assume they have to pay it and agree to do so. If I were you, I would tell them it's not your debt, there is no estate so as far as you are concerned the matter is closed. I don't think you'll hear from them. Just some friendly advice. If you have any concerns, a quick call to an attorney can put your questions to rest. That's the 1rst place to start.

[IM2Stressed]

I talked to GE Capital Bank about one of the cards last night, and the customer service representative was insistent that I was liable for the debt. I politely told him that I was not, and all I wanted was contact information on where to send a death certificate. He kept going on an on about it and did not want to provide me with any information on where I could send notification. This is more than one month after I initially contacted them about the death and I was told they would send me information. All I got was another bill. I believe that I am only obligated to inform them of my wife's death. I just don't know how much longer they will send me bills. The other key thing at this point is to make sure all bank accounts are in my name only.

[LadyInTheRed]

Stop talking to the phone reps. It is their job to do what they can to get you to pay. Write a letter to the correspondence address on the bill with a copy of her death certificate saying she had no assets and there is no probate. Also, tell them to stop calling you about the debt.

Even if it weren't for the debt, you should remove your wife's name from joint accounts.

[dmc-2008]

Sorry for your loss. I wonder how she even got a card per discharge? Good luck

[df04527]

Worth repeating...STOP talking to them! Ignore, ignore, ignore. They WILL go away. Her credit report should be updated by now that she is deceased.

I am also so very sorry for your loss. Please ignore all calls and letters.

[99lawdog99]

send the bill back and write across it ---- Deceased.

[AngelinaCat]

Yes, and do NOT open the envelope. Simply write on the front: "Deceased. Return to sender." Draw a line across the address window.