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Loren, Attorney
Category: Estate Law
Satisfied Customers: 33142
Experience:  30 years experience in the practice of estate law.
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I and my husband were lived in NC for over ten years. We

Customer Question

I and my husband were lived in NC for over ten years. We moved to the TX state in End of January 2015. My husband died in heartattack suddenly in April, 2015. I am currently still living in TX and the probate process is not close yet. He owe the Bank of American about $9000 in credit card debts. I did not cosign his card. The collector keep calling my previous attorney. My attorney did not help me in this probate very much expect keep billing me. I stop to hire him in two months ago. The collector still call my attorney and my attorney wants me to call them back. What should I do?
Submitted: 10 months ago.
Category: Estate Law
Expert:  Loren replied 10 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Did the credit card company file a creditor claim against the estate in probate court?

Customer: replied 10 months ago.
They did file a claims but it's named AIS Recovery Solutions, LLC as agent for Bank of America, N. A.
Expert:  Loren replied 10 months ago.

Thank you for the additional information. My condolences for your loss. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

You live in a community property state. So, while the estate is primarily liable for the debt, the creditor can pursue the community property of the marriage to recover repayment.

That said, it is likely they will accept an amount in settlement which is much less than what is owed. So call them and offer a nominal settlement.

If you arrive at a settlement make sure to get a release and also, under no circumstances, sign anything which makes you personally liable for repayment.

Expert:  Loren replied 10 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 10 months ago.
My previous attorney, he ever told me that " A creditor can make a claim against any non-exempt non-probate asset ( such as a payable on death account), if brought within two years of my husband's death". Is that mean the creditor will/ can claim any money that it's POD that I got from my husband for me if I did not settle an offer? Also, when my husband pass away, it was in April, 2015, which we resided in TX not even four months yet. Well, in this situation, is that still count Community Property state? I am not trying to escaped from his debt, I am learning to go through this probate with less expense. Tks!
Expert:  Loren replied 10 months ago.

The creditors have no claim against an asset which was POD because it is not a probate asset. In other words, it passes to you automatically.

If you have property in Texas then it is community property, even if you only lived there 4 mos.