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    atlguy's Avatar
    atlguy Posts: 2, Reputation: 1
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    #1

    Apr 28, 2007, 05:51 PM
    Mother Credit Card Balance
    Hi-
    My 87 mother passed away in January of this year. She was on medicare/medicaid had a
    Small social security check and owned no property, land, car, she had no assets!

    She had a burial policy from an insurance company and that is being used to inter her cremated remains and get her a headstone and give her a "decent" funeral.

    She opened a credit card around 1995 to help with medical expense, food, and primarily prescriptions meds. The card was closed for high balance and I helped my mom pay the monthly minimum wth her social security check. The interest got so bad that I got Chase to put her on a Balance Liquidation Program with a fixed interest rate and fixed payment. This was paid faithfully for over a year. I did transfer her check amount into my account for easier handling of her bills. I used paid Chase each month with my checking account number after depositing my moms check.

    I am not on her credit card, or a co-signer or anything.

    When she passed away in January Chase was sent the death certificate and info on her death. She owed about $5000. I can assure you in the past ten years with the interest and the amount Chase is being charged for a law firm to call me that that debt was well paid in the last years. Even though the account showed as active, no purchase activity has been done on that account as my mom did not even have the credit card anymore. She had no physical credit card and did not try and charge.

    We tried in good faith to pay the card down until her death. A few weeks after her death I got a call from a law firm that is hired by Chase to see if my mom has assets. She has none. The lady told me that she would have to do a document search to see if she had an
    Eastate of assests.

    Again my mom had no savings, estate, home or anything. Just her life insurance policy for
    Burial. I did not volunteer any info to the law firm. They said if I did not hear back then the
    Debt would be written off a bad debt. She said the death certificate only closes the account so that no more interest is accrued.

    I just got a call from the law firm again saying to call them immediately. Being the weekend they are closed.

    Can they pursue and left over monies from her life insurance burial policy that went to the
    Children and being used for her interment of her ashes and headstone to try and collect their money?

    Do I need to contact an attorney?

    My main question is her life insurance considered an asset that can be sought after by
    A credit card company to resolve their debt?

    My mom had just that credit card and nothing else.. She lived with me as I was her caregiver and power of attorney and executor.

    Any info appreicated so I know my rights if they try to harrass me. Again she was on medicare/medicaid and a small social security check.

    Thank you.

    Philip
    Georgia
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #2

    Apr 28, 2007, 08:54 PM
    How was the life insurance polcy listed, if it listed the estate as the benificary then yes that money has to go to pay the bills before it goes to the children, If it listed the children as the beneficiary then it does not go into the estate. And does not have to be used to pay the bills.

    Remember these collect agencies will lie, but part of the problem is you put her check into your checking arrount, so if there is money in that account, you have to prove it is not her money, but your money, And they may be able to prove to a court, part of it isyour mothers and should be paid to them. Paying them out of your checking account, not by money order may come back to cause you some legal issues.

    So how the policy listed who got the money will determine if it has to be used to pay bills.

    I would not help them much, just deny their payments, give them a copy of the death certificate and let them demand something if they want it.

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