[ScottGem]

Initially you said it appears to be a court summons. Our answers were based on it being a summons. If its not a court summons, ignore it. You already previously informed them about your mother's condition. Until they do file in court, continue to ignore them.

[leonardavinchis]

It wasn't until my brother has read the letter to me that I'd realized the letter came from the lawyer and I do apologize for that. Just one last thing - we really didn't elaborate on my mother's condition other than informing the collection that she's suffering from a chronic illness and is now residing in a chronic care facility. This is the only information that we had made known at this point when we sent them the cease and desist letter. Any idea if they'd given that letter to this lawyer? Also, should I notify my mother's bank on withholding the exempt funds on her account from action judgement claim from this lawyer? That's all and thanks for everyone's input especially you ScottGem!

[excon]

should I go ahead and notify my mother's bank on withholding the exempt funds on her account from action judgement claim from this lawyer?

Hello again, Leonard:

Couple things...

You keep talking about all the things YOU should do, and the letters YOU wrote. But, you don't have power of attorney over your mother, and you CAN'T act on her behalf. Now that she's incompetent, you'll NEVER get that power... Her creditors won't deal with you, and her bankers won't listen to you.

Next is the matter of her accounts... When I told you earlier that your mother would suffer NO ill consequences from a judgment being levied against her, I wasn't LYING to you. IF her income is exempt, then it IS. If it ISN'T, then it isn't. In either case, you can't DO anything about it or CHANGE any of the arrangements...

So, it appears that circumstances are forcing you into accepting my advice to IGNORE them.

excon

[ScottGem]

First, there is no need to notify the banks about anything until there is an actual suit and judgment. Second, the bank may not accept notice from you without either a POA or a court order declaring you or one of your siblings as conservator.

[leonardavinchis]

Hi excon,

First of all I DO value all of your input. The fact that you'd stated on this forum time and time again to ignore everything literally, given her current physical and mental impairment condition - I get that! But I did mentioned on my early posting that my sister was given access by my mother's bank by way of having a joint account with my mother. This account is still being solely used by my mother and having my sister share the account is the only way that she can be given authorization to make any decisions on her behalf... I am also very aware and very clear on the POA that's why I have NO desire to venture any further or thread through the shoals and sandbars other than the one access that my sister have available with the joint account. That's why the bank is my only focus at this time.

Believe me excon, I do take every bit of information in this forum to heart and by that, I truly and sincerely appreciate what's been given to me here - enough to put my mind at ease a little bit and to take this issue one day at a time.

[leonardavinchis]

@ Scott and excon: thanks for all of your valuable input!

Happy New year!!

[leonardavinchis]

Hi Guys,

My mother died last April 23rd and the collection agency who is still expecting to get some kind of payment hasn't let up one bit... my sister is now dealing with another collection agency who I gathered has bought the contract from the previous agency on account of the last letter that I'd sent to them. As soon as my sister was able to received my mother's death certificate from the funeral home, she immediately send this agency a copy of the death certificate and a short letter to inform them that my mother has now passed away. Apparently there's also another lawyer now who I think is related to the collection agency to fire off another intimidation tactics as they usually do.

My question is this: now that they have a copy of my mother's death certificate, is this going to stop them now? I have previously mentioned on this forum that my mother has no POA at all, but the funeral home director had named my sister as executor on my mother's death certificate which really doesn't make any sense to me since my mother have no POA. Again, my mother doesn't have any assets at all, except for her pension, life insurance and whatever money she's left on her bank account which is now gone as most of it went to pay for her remaining bills at the Chronic Care facility. By having named my sister as the executor on her death certificate, is this going to implicate her? I have no idea what the funeral director was thinking when he named my sister as the executor because like I said, my mother has no POA... my sister is just dead worried now that they may go after her once they see her name on the death certificate as the executor...

[ScottGem]

Unfortunately no, its not going to stop them. Her estate still owes the debt. The problem is you will have to prove that there is nothing in the estate. This means, you may (meaning your sister) be required to probate the estate.

I would send one final letter stating that, as previously informed, the creditor is now deceased. That any remaining assets were taken by the care facility so there is nothing in the estate for any other creditor (you can include copies of the final bank statement showing the account closed).

I would further state that this will be the final communication on this matter and any further harassment may result in legal action against them.

Your sister, as executor, is not personally responsible for any debts. Her only responsibility is to oversee the distribution of the estate.

[leonardavinchis]

Thanks for your suggestions. Will the collection agency be able to touch my mother's life insurance?

[ScottGem]

Thanks for your suggestions. Will the collection agency be able to touch my mother's life insurance?

No, Life insurance is paid to the named beneficiary OUTSIDE the estate. Since its not part of the estate, they can lay no claim to it.

[leonardavinchis]

Hi ScottGem, again, thank you. I'm so hoping that my sister don't hear back from them again. I will keep you posted or post an update either way...