My mother died and I am getting collection bills for her. She had no money when she died. Am I liable to pay the bills? I have called and tried to explain this but they have sent ME to collection.
Answer
Each type of debt may be different. However, if you did not agree to be liable for the debt when it is incurred, they most likely should not be collecting from you personally. You may want to consult an attorney, as they may be violating the Fair Debt Collection Practices Act.
David McGlothlin
Consumer Rights Attorney
602-265-3332
Answer
You could be liable as the personal representative of your mother's estate. You should probate her estate (with an attorney). That will solve the problem. I just finished representing someone where this exact thing happened, and the probate was the answer.
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