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Nate, Attorney
Category: Estate Law
Satisfied Customers: 10685
Experience:  Over 10 years of legal estate experience.
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I have received two letters from the credit card company which

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I have received two letters from the credit card company which holds two cards in my husband's name. I had called the company on August 23rd to report his death and stop the auto-payment. At the behest of the person to whom I spoke, I sent a letter and a copy of the Death Certificate. One of today's letters requests the Death Certificate, but as it is dated on the same day as I sent it along, I assume it has crossed in the mail. The other is from the bank's Estate Department and contains a very involved form which I merely glanced at, not wanting to fill it out lest I somehow make myself liable for these debts which are overwhelming in my present circumstances. I drafted a letter in reply containing all the information necessary to address the account, but I want to see if I have said too much (or too little) or what else I should do especially as I am VERY uncomfortable trying to fill out the information in the Estate form:

Dear Sirs:

I received your letter of August 23rd and a package from your Estates Department.

This is to let you know that my husband’s Death Certificate was mailed to you on August 24th with a cover letter including his case number XXXXX information I had received from your representative by phone (copy of both annexed).

My husband died intestate. Aside from some credit cards and a loan in his name, everything else was held jointly. I understand that legally I am not liable for any of those debts in his name alone, neither can payment be demanded or collected from any assets we held jointly—which is all that remains including our home.

If this letter is a sufficient response, please let me know and I will send it out. If, for some reason, it is not, please tell me what I SHOULD say and/or do. I will resend the Death Certificate along with the original letter, but this is a very difficult situation since I must walk away from these debts though my natural instinct is not to do so.

Thank you.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

First, I am sorry for your loss. Unfortunately these kinds of other legal issues come up at a very difficult time to handle them.

That should be sufficient to accomplish what you need to accomplish as to your husband's accounts with the credit card companies. Being additionally cautious you may to also consider changing accounts and closing the account that is being auto drafted for payments. Often times things don't get done right the first time and additional payments can be taken. It's always easier to prevent such a thing from happening rather than trying to get the money back after the fact.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.


Customer: replied 3 years ago.

I contacted both my bank and the bank holding the credit card to assure the end of autopay. I was assured by the credit card bank that the account was closed and no more payments would be removed via autopay but that the account was sent to the Estates Department (hence the form, I guess!). I am TRYING to be very careful here. My husband, an excellent man for the 19th century, didn't think I should know anything. "Don't worry about it!" was all that he'd say when I'd ask about these things. He was an engineer, but somehow forgot that $200,000 in insurance doesn't pay a $300,000 mortgage, so I'm doing all in my power to keep things from going off the rails until I can sell the house or modify the mortgage or do whatever I have to do to make ends meet. He was working (at 75!) when he died, so I lose his income and my SSI while my paraplegic son lives home with me! It's a rough time and I don't want to get into an even worse situation through stupidity.


Thanks for your help. I will send off the letter and ignore the Estates form.


V. Protopapas

You are welcome. Please do remember to rate my service before you. I do hope things work out.

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