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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42828
Experience:  Texas lawyer for 30 years in Estate law
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I am the Administrator of an estate of a lady (Sally Roten)

Customer Question

I am the Administrator of an estate of a lady (Sally Roten) who passed away on January 14, 2017. Synchrony Bank/Amazon has hired a debt collector, Ascension Point, to recover a debt of $536.72, acquired by Mrs. Roten (alone) before her death. Her husband had no idea of this debt until AFTER Mrs. Roten's death. The first letter Ascension Point sent to me clearly states "that only the estate of the deceased is liable for the debt owed and family members are not personally responsible for payment of this debt." I have informed Ascension Point that there are NO MONIES in Mrs. Roten's estate to pay off this debt to Synchrony Bank/Amazon. Ascension Point is very persistent and I do not know what I need to do at this point. What can I do?
JA: What are the assets in question? Have any documents been drafted?
Customer: The only documents that have been drafted are the legal papers for me as the Administrator of Mrs. Roten's estate, and a Power of Attorney from Mr. Roten to take care of business for him. Mrs. Roten had no personal assests (just debts) when she passed. Everything she had automatically went to her husband upon her death. Mrs. Roten also passed away without a will.
JA: Estate planning laws vary by state. What state are you in?
Customer: Alabama
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so. But will there be a charge for this "conversation?" If so, we better stop right here.
Submitted: 2 months ago.
Category: Estate Law
Expert:  RayAnswers replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 2 months ago.

So if there were no assets why was probate opened here, why were you appointed?More information here please, thanks.

Customer: replied 2 months ago.
I was asked by Mrs. Roten's husband to take care of any problems, questions, etc., that may come up after Mrs. Roten's death as Mr. Roten has absolutely NO IDEA how to handle any legal situations. The "Administrator" paperwork had to be "signed off" by the Probate Judge in Bullock County.
Customer: replied 2 months ago.
No thank you!! this is getting too expensive. I would appreciate you returning any money I have already paid to you/your company via Pay Pal for this brief exchange .
Expert:  RayAnswers replied 2 months ago.

So here if she has assets the creditor gets paid ahead of the husband if there are estate assets.If the other assets like bank accounts had right of survivorship they pass directly by contract rather than probate.But if there are probate assets you are required with court approval to sell them and pay claims .The court has to approve such a payment.

Expert:  RayAnswers replied 2 months ago.

The site sent the phone request here not me.Ask anything else you have her, I just ask you to rate 5 stars when we are done.

Expert:  RayAnswers replied 2 months ago.

Everything she had automatically went to her husband upon her death--see my response above, any estate assets have to be sold and creditor claims paid first .

Expert:  RayAnswers replied 2 months ago.

Handbook for you about what you are supposed to do for the estate as personal representative.

http://probate.mobilecountyal.gov/pdfs/administrator_handbook.pdf