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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 112762
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband is/ was retired army. he passed away in december

Customer Question

my husband is/ was retired army. he passed away in december with no will and no insurance. I recieved a bill from the VA stating that he/his estate owes them $31,000.00. his assets do not add up to that amount so I called to find out how he could owe that much. They said it was because he was 60% disabled recieving payments and was ordered to active duty. I have two questions the first is : if he was disabled and not permitted to recieve that pay why was he ordered to active duty? and second why should I have to come up with $3,000.00 to open an estate and pay the MVA to change titles just to sell vehicles to give the money to the VA, can't they just come get them and save me the $3,000.00 for doing all the paper work?
Submitted: 10 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the estate is insolvent, you need to inform them of that and you need to tell them he has no money in his estate to pay them and if they want it then they should sue his estate and find out themselves. You do not have to open probate if he has no assets, you can inform his creditors to sue and come and get it as his estate is insolvent and most times they will do nothing at all and if they wait more than 5 years then they lose their claims.

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