My Mother passed away recently. This is the situation. I have lived with her all of my life and took care of her while she was sick. We live in Florida. She had one credit card. Am I responsible for the credit card? The other thing about the credit card is this. She had her car insurance in installments, 1/4 of the installment was put on the card before she died. Do I pay the other half myself or do I need to let the car insurance lapse and they refund the portion on the card. The other question is $60 for internet service was put on the card before she died. Do I need to send the internet service the $60 and have them refund the card or just continue using the service? As far as the house goes. My Mother had difficulty and pain when she walked and it gradually got worse to the point where she was bedridden. I need to also say that I didn`t find out until a little time before she died, that the tumor in her body was actually chipping her bones. She was basically a china doll and was extremely fragile. One day when she was at the hospital or chemo, she called her Pastor on the phone and told him what she wanted to have done. The Pastor`s wife told me it was about the house. I never new she did this until the Pastor`s wife told me. My brother told me that what she told the pastor wasn`t legal. He is extremely violent and cruel to me. He told me the house and contents didn`t have any monetary value to him, so basically it is to control me. He has repeatedly insulted the house and everything in it, like he is better. He told me he didn`t want it. He just wants to conrtol me. What if anything can I do? Any advice would be helpful.

I don't believe you are responsible for her debts. I do believe her estate if any would be responsible, in other words if she has any savings or maybe any property to be sold to pay on her debts.

YOU are not responsible for any of her debts. Do not worry about any charges put on the card, they were paid.

However, her estate is responsible for debts. Before any distribution of assets can be made, the estate has to pay the debts.

Did your mom leave a will? Has someone been named executor of her estate. Do you know how the ownership of the house was listed on the deed?

You need to find out these things immediately.

As for the Internet Service, call them, tell them your mother died and ask that the service be transferred to your name.

As for the car insurance, will you be using the car? If so, then you need to get the title transferred and then transfer the insurance to your name. But you can't do this until the estate was settled.

Did mom have any bank accounts or other savings? If so, how were they listed?

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Originally Posted by ScottGem

YOU are not responsible for any of her debts. Do not worry about any charges put on the card, they were paid.

However, her estate is responsible for debts. Before any distribution of assets can be made, the estate has to pay the debts.

Did your mom leave a will? Has someone been named executor of her estate. Do you know how the ownership of the house was listed on the deed?

You need to find out these things immediately.

As for the Internet Service, call them, tell them your mother died and ask that the service be transferred to your name.

As for the car insurance, will you be using the car? If so, then you need to get the title transferred and then transfer the insurance to your name. But you can't do this until the estate was settled.

Did mom have any bank accounts or other savings? If so, how were they listed?

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Quote:

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Originally Posted by ScottGem

YOU are not responsible for any of her debts. Do not worry about any charges put on the card, they were paid.

However, her estate is responsible for debts. Before any distribution of assets can be made, the estate has to pay the debts.

Did your mom leave a will? Has someone been named executor of her estate. Do you know how the ownership of the house was listed on the deed?

You need to find out these things immediately.

As for the Internet Service, call them, tell them your mother died and ask that the service be transferred to your name.

As for the car insurance, will you be using the car? If so, then you need to get the title transferred and then transfer the insurance to your name. But you can't do this until the estate was settled.

Did mom have any bank accounts or other savings? If so, how were they listed?

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Could you please tell me what the credit card can get from the estate. All she had was the house which was paid off and as far as the contents. She hadn`t bought any new furnishings in over 10+ years. The only thing relatively new she had was her clothes.

The house was in my Mother and my Fathers name. My father died in 2000. She told the Pastor from her church that she had wanted me to have the house, but she got too sick to even move, she was too fragile.

I`m still confused about the internet service. I`m afraid that the credit card will say I am using the service. Should I just send the internet service the $60 ?

I am still confused about the car insurance like I am about the internet service. The insurance is about to be cancelled if I don`t send the other half of the payment.

Should I send the payment and continue with the car insurance or let it lapse (I guess they would refund the card) and send the full amount?

The bank account was in her name.

I had another question. My brother is taking over everything, like I have no say so in anything. If he supposedly pays the electricity and phone bill, can he take the house? If he pays the taxes, can he take the house?

I also wanted to say that he pushed the door in on me the other day and went into my Mother`s room. He stole her personal documents, I guess to the house and other things as well. Can he do anything with the papers he stole? He also said that they belonged to him, which is a lie.

Do I legally have to be put up with him for the rest of my life? The only interest he has in the house is to control me. He told me that he didn`t want the house, it had no monetary value to him. I believe it is to control me.

Thank you for answering my questions.

Ok, you are not understanding,

The house and her bank account is her estate, it does not matter what she told the pastor, even if she left it to you in the will,

The debts have to be paid from the esate before the property can be given out. If you wish to keep the house and not sell it, thenyou have to pay her bills off. The house and estate need to go though probate court for you to get legal deed to it, and in probate, they will want the credit card and other bills paid before you get the house.

You will need to get a new policy for car insurnac in your name if you are going to keep and drive the care. They can keep what is already paid, but you will need to inform them and get your own policy.

The entire estate needs to go though probate, so you may need to hire an attorney.

You really didn't answer a lot of the questions I asked you. Its hard to help you without answers.

As Chuck and I said, the estate is responsible for paying her debts. Again do NOT worry about anything paid by the credit card. That's already been paid out. All you need to do about the Internet service is convert it to your own name.

The car insurance is a different matter, since the car is an asset of the state, you can't just transfer it to your name. But you didn't answer my question about whether you plan on keeping and driving the car.

Your brother taking the papers is worrisome. Without knowing what papers he took we really can't tell you.

What I would recommend is you get an estate attorney to file for probate. You need to get yourself or a third party (not your brother) named executor of the estate. The pastor can then testify as to your mom's wishes.

Only the executor of the estate can transfer the deed to your name, can transfer the car etc. Don't worry about the credit card bill, just refer the creditcard company to the executor of the estate or the probate court.

But you need to get control of the probate of the estate.

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Originally Posted by ScottGem

You really didn't answer a lot of the questions I asked you. Its hard to help you without answers.

As Chuck and I said, the estate is responsible for paying her debts. Again do NOT worry about anything paid by the credit card. That's already been paid out. All you need to do about the Internet service is convert it to your own name.

The car insurance is a different matter, since the car is an asset of the state, you can't just transfer it to your name. But you didn't answer my question about whether you plan on keeping and driving the car.

Your brother taking the papers is worrisome. Without knowing what papers he took we really can't tell you.

What I would recommend is you get an estate attorney to file for probate. You need to get yourself or a third party (not your brother) named executor of the estate. The pastor can then testify as to your mom's wishes.

Only the executor of the estate can transfer the deed to your name, can transfer the car etc. Don't worry about the credit card bill, just refer the creditcard company to the executor of the estate or the probate court.

But you need to get control of the probate of the estate.

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I need to also say that after my Mother died my brother mentioned about a meeting with his lawyer and the pastor was going to be there. It hasn`t happened yet. I told my brother on the phone about what the pastor`s wife had told me about what my mother said and my brother told me it wasn`t legal. Is this true?

Can the credit card or my brother take the house? I live in Florida.

As far as the car goes it is in my Mother and my name, which my brother knows nothing about. She went and did this before she became sick. He was overly nice to me after she died and things changed, now he is like something out of hell. He won`t return the keys to the car and I don`t dare tell him about my name being on the car. My name wasn`t on the car insurance because I didn`t drive the car, but I do plan on using the car.

He supposedly has a lawyer that is taking care of everything. The other problem is you saying for me to get a lawyer. The problem with this is I don`t have the money to hire a lawyer. My brother also stole the keys to the car. I can`t get to work without a car and this is how he is controlling me.

The papers he took were as far as I know to the house. My parents marriage certificate. Personal papers and such.

You can't afford NOT to have your own attorney. Go talk to your pastor, maybe there is a lawyer in the congregation who can help. But it does not appear your brother is out for your interests and you NEED someone looking out for you. BEFORE your brother gets control of everything.

No, the credit card can't take the house. If the car was in your mom and your name jointly, then you have a right to it. But your brother appears to be victimizing you and you need to get someone on your side. Again go to your pastor, tell him what's been happening. Print these notes and show them to him. Ask him to help.

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Originally Posted by bgood7

My Mother passed away recently. This is the situation. I have lived with her all of my life and took care of her while she was sick. We live in Florida. She had one credit card. Am I responsible for the credit card? The other thing about the credit card is this. She had her car insurance in installments, 1/4 of the installment was put on the card before she died. Do I pay the other half myself or do I need to let the car insurance lapse and they refund the portion on the card. The other question is $60 for internet service was put on the card before she died. Do I need to send the internet service the $60 and have them refund the card or just continue using the service? As far as the house goes. My Mother had difficulty and pain when she walked and it gradually got worse to the point where she was bedridden. I need to also say that I didn`t find out until a little time before she died, that the tumor in her body was actually chipping her bones. She was basically a china doll and was extremely fragile. One day when she was at the hospital or chemo, she called her Pastor on the phone and told him what she wanted to have done. The Pastor`s wife told me it was about the house. I never new she did this until the Pastor`s wife told me. My brother told me that what she told the pastor wasn`t legal. He is extremely violent and cruel to me. He told me the house and contents didn`t have any monetary value to him, so basically it is to control me. He has repeatedly insulted the house and everything in it, like he is better. He told me he didn`t want it. He just wants to conrtol me. What if anything can I do? Any advice would be helpful.

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Call experian, transunion,Equifax and fax them her death certificate , a;; debt will go to next of kin, (i.e. husband, kid) what she told the pastor is not legal, its not in writing. It's Here-say

ScottGem disagrees: Debt never goes to next of kin, it goes to the estate. If the estate can't cover the debt its written off. The pastor's testimony will be considered by the probate court.

Could you please give me an idea of what the credit card company can take. I tried to do a little research and it said there was some statute of furniture and furnishings up to $10,000. I don`t want to seen stupid but do things like china and cookie jars count in with furnishings?

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Originally Posted by bgood7

ScottGem disagrees: Debt never goes to next of kin, it goes to the estate. If the estate can't cover the debt its written off. The pastor's testimony will be considered by the probate court.

Could you please give me an idea of what the credit card company can take. I tried to do a little research and it said there was some statute of furniture and furnishings up to $10,000. I don`t want to seen stupid but do things like china and cookie jars count in with furnishings?

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Also, a lot of the items are in the house are mine. Some I shared with my mother. Can the credit cards take these if I say they belong to me?

Again the credit cards can't take anything. The only thing they can do is use the estate if they find there is money in the estate to pay them off. YOU do not owe the cards anything.

Also they don't want things. They want cash, things are hard to convert to cash. PLEASE speka to your pastor TODAY, get his help in dealing with this issue.

Well Dr. Jekyll and Mr. Hyde called me yesterday. That`s what I would like to describe him as. He was buttery sweet and really fake . He wanted to know were Mama`s drivers license was.

Does anybody have any idea why he would need this. I asked him and that`s when Hyde came out, he told me it was none of my business and that he didn`t have to tell me.

You need to instruct them not to call you any more, write them a letter demanding that all correspondance be in writing. Hang up when they call.
They will record your conversation normally and try to get you to say something making you liable to pay the debt.

I think Chuck thought J&H was a collection agency, but I'm assuming it was your brother.

I don't know why he would need the driver's License, but YOU need to get an attorney and tell him to talk to you ONLY through your attorney. That's the only way your rights will be protected.

Sorry thougt it was, I know when my dad died, to verfiy his ID for collecting on some retirement pay due, and life insurance I needed his social and drivers license number

I contacted several lawyers offices. Talked to there secretaries and asked them to ask the lawyers the questions and I would call them back. They said what she told the Pastor was no good and that the only thing that would be good was a will.

I`m just wondering something. He claims that every time he comes out to the house that I have to let him in or he`ll call the police. Is this true? Do I have to let him in? He does not live here with me and he told me repeatedly on the phone that he didn`t want the house. He has his own home.

Why would anyone want to go to a house where they didn`t live and didn`t care if the person lived or died? Does that make any sense to anyone? It is just to torment me.

Yesterday, outside of the house I told him not to come around me anymore. He told me he could come around me any time he wanted to because it was his house, too.

He also told me that I was "lucky Mama and Daddy left me a house or I would be out on the streets."

I wish to God above that my Mother could have done what she had wanted to do before she died. She couldn`t help it, though. I know for a fact she wouldn`t be happy with what he is doing if she could see him now.

Bottom line, he has absolutely no interest in the house he is just using it to control me and abuse me. It would be the same as if I had walked up to a complete stranger and put their name on the house.

Do I have to be badgered and live in constant fear for the rest of my life just because he enjoys doing it?

I'm confused now. In previous notes, you said she died without a will. But now you say your brother admitted they left you the house. So is the house in your name or not?

The only way to stop him from coming by is to get a restraining order against him.

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Originally Posted by ScottGem

I'm confused now. In previous notes, you said she died without a will. But now you say your brother admitted they left you the house. So is the house in your name or not?

The only way to stop him from coming by is to get a restraining order against him.

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Basically I guess he meant that if he had his way I wouldn`t have gotten anything.

That's not the point and you have this habit of not answering the questions asked. Who's name is the house in? Its either in your parents name, your mother's name, your name, jointly with your brother or in his name alone. You NEED to know this.