Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

I and my husband were lived in NC for over ten years. We

Customer Question
moved to the TX state...
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: 1 year ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 3 minutes by:
9/9/2016
Estate Lawyer: Loren, Attorney replied 1 year ago
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 35,873
Experience: 30 years experience in the practice of estate law.
Verified

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?

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
They did file a claims but it's named AIS Recovery Solutions, LLC as agent for Bank of America, N. A.
Estate Lawyer: Loren, Attorney replied 1 year 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.

Ask Your Own Estate Law Question
Estate Lawyer: Loren, Attorney replied 1 year 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.

Ask Your Own Estate Law Question
Customer reply replied 1 year 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!
Estate Lawyer: Loren, Attorney replied 1 year 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.

Ask Your Own Estate Law Question
Ask Loren Your Own Question
Loren
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 35,873
35,873 Satisfied Customers
Experience: 30 years experience in the practice of estate law.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
We are in probate in Idaho over my late husbands estate.
We are in probate in Idaho over my late husbands estate. According to his will have goes to me and half to his children. His son is the PR.My question is this:What debts should be paid by the estate? … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding what my options are to deal with an attorney and personal representative that are not … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
Are you familiar with estate (possible probate) laws in NY
HI there! Are you familiar with estate (possible probate) laws in NY state? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding the annual accounting. The personal representative was appointed in August of 2016 and… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
My aunt had her sister as her pod, Her sister died in April.
My aunt had her sister as her pod , Her sister died in April. My aunt that had named her sister pod died six month after. My aunt was distraught and confused and signed her Granddaughter as POD. My au… read more
Loren
Loren
Attorney
35,873 satisfied customers
I am selling a home. The probate for my moms estate closed
I am selling a home. The probate for my moms estate closed over two years ago … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Do all assets of a estate freeze once probate has begun?
Do all assets of a estate freeze once probate has begun?What happens when a creditor and debtor can not settle a debt in probate? Does a judge ultimately decide?… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
What is stronger in an estate. A Will or POD. My sister was
What is stronger in an estate. A Will or POD. My sister was POD and beneficiary on accounts and Survivor on accounts and estate. But the Will says we (3) get equal shares. She claims she gets all asse… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
I am an heir in an estate that is being probated in the
I am an heir in an estate that is being probated in the state of Oregon under the laws of intestate. The personal representative is now saying she wants to close out the estate and make the distributi… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
My mothers estate is in probate court, due for a final
hello pearl, my mothers estate is in probate court, due for a final motion to end, i believe my brother and sisters are trying to eliminate me from her assets. I have been homeless for about 2 years, … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
For a probate estate in Pennsylvania in which (1) there is a
For a probate estate in Pennsylvania in which (1) there is a will and (2) the executor is the sole heir with authority to sell the property, does the executor need to petition the Court for approval t… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
I need an Oregon Estate/Probate to clarify if there is any
I need an Oregon Estate/Probate to clarify if there is any difference when it comes to compelling the Trustee to pay beneficiaries according to the instructions in the trust. I have already had the ve… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
I have a will made in 2010. I have now all assets in POD or
I have a will made in 2010. I have now all assets in POD or TODD. All left is worth under $75,000. Do the POD TODDs over ride the will made earlier. The beneficiaries are the same - all divided in thi… read more
Bill Attorney
Bill Attorney
law
1,604 satisfied customers
Dealing with initiating a probate case for my fathers estate
dealing with initiating a probate case for my fathers estate valued at less than 70,000 … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
Second opinion] Family estate; not probated: Parents- Father
Second opinion] Family estate; not probated: Parents- Father & Mother is dead; oldest son dies after parents; all siblings has died; some siblings has children; oldest son wife dies after him, they ha… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
Family estate; not probated: Parents- Father & Mother is
Family estate; not probated: Parents- Father & Mother is dead; oldest son dies after parents; all siblings has died; some siblings has children; oldest son wife dies after him, they have no offsprings… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
Can the administrator of an estate in probate borrow against
Can the administrator of an estate in probate borrow against the equity of the house (part of the estate) to pay off creditors?… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x