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I'm trying to find out my father passed away in georgia and…

Customer Question
Hi I'm trying to...

Hi I'm trying to find out my father passed away in georgia and I did everything through private court (he really had little) but I wanted to do it all by the book...I even extended the newspaper advertisement for his creditors by two weeks to be safe. Now almost seven months later a credit card company is sending threatening letters that I'm responsible for his estate to pay?

Lawyer's Assistant: What state is this in? And when did the issue begin?

Georgia and they just started sending letter about a week ago and he passed in march

Lawyer's Assistant: What documents or supporting evidence do you have?

Oh I have all my private paperwork but I also hired an attorney to do the private stuff so whatever paperwork I might not have the attorney I'm sure would have copies

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Probate not private No that's it

Submitted: 8 months ago.Category: Estate Law
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Answered in 1 minute by:
11/15/2017
Estate Lawyer: Jessica B,
 replied 8 months ago
Jessica B
Category: Estate Law
Satisfied Customers: 1,666
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed probate attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

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Estate Lawyer: Jessica B,
 replied 8 months ago

This is a typical scare tactic creditors use in attempt to collect payment. First of all they are not following the proper protocol. They are required to file a claim against the estate in probate court. Since they have not done that you may ignore their letters.

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Estate Lawyer: Jessica B,
 replied 8 months ago

You are not personally responsible for the alleged debt. Also, even if they file a claim, they are barred because of the statute of limitations.

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Estate Lawyer: Jessica B,
 replied 8 months ago

I know you want to make sure you do everything by the book, so to protect yourself you may send them a certified letter, stating the name of the decedent and date of death. By sending it certified you will have proof to show the court that they were put on notice and it is their fault for not filing a claim.

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Estate Lawyer: Jessica B,
 replied 8 months ago

Creditors do this all the time in an attempt to get paid by not going through the proper channels of filing a claim against the estate.

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Estate Lawyer: Jessica B,
 replied 8 months ago

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Customer reply replied 8 months ago
it was thank you! One quick question how long is the statue of limitations?
Estate Lawyer: Jessica B,
 replied 8 months ago

§ 53-7-41....Creditors have 90 days from the first date of publication to file a claim against the estate.

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Customer reply replied 8 months ago
Perfect thank you! If this gets worse I will reach out...
Estate Lawyer: Jessica B,
 replied 8 months ago

Please let me know if there is anything else I may assist with. Also please remember to rate my service. Thank you!

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