Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I am a personal representative trying to and pay debts of…

Customer Question
I am a personal...

I am a personal representative trying to and pay debts of the deceased. The original debtor turned to debt over the several collection agencies within the six months bore and after death. At this time, none of the agencies who provided letters of notice currently possess the debt.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Maryland

Lawyer's Assistant: What steps have you taken so far?

I have contacted the third parties. They told me that they no longer own the debt.

Submitted: 3 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 hour by:
3/27/2018
Lawyer: Barrister, Attorney replied 3 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,539
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Have you published your notice to creditors that they have 6 months to file a claim?

.

How long has the estate been open?

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 3 months ago
Hello Barrister. The notice was published for three consecutive weeks in June of 2017. The estate has been open for 9 months and I am about to file my first account.
Lawyer: Barrister, Attorney replied 3 months ago

Ok, good, then if the 6 month creditor claims period has passed, then you are safe to deny any further claims against the estate and just proceed on to settle it by filing any taxes, accounting and then move to distribute assets and close the estate.

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 3 months ago
Let me test my understanding.Scenario 1: Original creditor passed the debt on to several different collection agencies before death date. After death only letters from collection agencies have been received. Since those third party agencies no longer have the debt. I send all collection agencies I received a letter from a denial letter.Scenario 2: Original creditor sent a bill after death date. After death, original creditor passed debt over to collection agencies who issued letters. Those third party agencies no longer have the debt. I send all collection agencies and the original creditor a denial letter.
Lawyer: Barrister, Attorney replied 3 months ago

Scenario 1. Correct. You just need to send a notice to the last collection agency that sent the debtor a letter.

.

2...Kind of Correct... the agencies are just the agent for the original debtor. So you just need to send the original creditor the notice if they still own the debt.

.

But once the 6 months passes, they are out of luck in trying to collect and you can safely deny... that is why you put the notice in the paper... to put the world on notice that if they want to send in a claim, they have 6 months to do so...otherwise they are out of luck..

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 3 months ago
The whole back and forth between the original debtor and the collection agency is confusing. Given scenario two, when does the original creditors right to collect the debt end? Is it after the debt has been passed on to a collection agency?
Lawyer: Barrister, Attorney replied 3 months ago

Given scenario two, when does the original creditors right to collect the debt end? Is it after the debt has been passed on to a collection agency?

.

When the 6 months is up if they haven't submitted a claim and proven that they still have legal authority to pursue collection of the debt on behalf of the creditor.

Ask Your Own Legal Question
Lawyer: Barrister, Attorney replied 3 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,539
42,539 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister 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:

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

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
For an insolvent small estate in Maryland, I haven't yet
Hi. For an insolvent small estate in Maryland, I haven't yet sent out any notices from newspaper to get final bills. The apartment building just sent me an invoice that seems final and threatens to se… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Can a company bring me to court about a credit card debt
Can a company bring me to court about a credit card debt from almost 10 yrs ago? Lived in CT when I had card. Was sent to collection for no payment. Also no longer on credit report. … read more
LegalGems
LegalGems
Juris Doctorate
12,519 satisfied customers
I have some medical debt from the treatment in hospital a
I have some medical debt from the treatment in hospital a while ago. Now one bank bought this debt on penny on dollar. The bank hires a collection agency to collect the debt. Does collection agency ha… read more
KLAW
KLAW
Juris Doctorate
2,259 satisfied customers
Bank 0f America just called my home because I was only three
Bank 0f America just called my home because I was only three weeks late on my credit card payment. This a personal account with my name on it only. For my own personal reasons I had the bill sent to a… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
a collection agency had just asked my mom for my death certificate
a collection agency had just asked my mom for my death certificate is there something against that? I should also probably say that there has been an ongoing issue of harassing my mother about trying … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
A law firm appointed a receiver to collect debt on my company
A law firm appointed a receiver to collect debt on my company without notice or advice from the debtor. Can receiver and lawyer do that?… read more
Barrister
Barrister
Attorney
42,539 satisfied customers
I have a Law office that just filed with the court,for me to
I have a Law office that just filed with the court,for me to appear in court for 2 credit cards that were charged off 1 1/2 years ago.They would not work with me (C.C. comp) and I certainly don't have… read more
Barrister
Barrister
Attorney
42,539 satisfied customers
We keep getting annoying phone calls from debt collectors.
We keep getting annoying phone calls from debt collectors. Also disparaging correspondence. The debt was paid from day one. We kept transcripts of all correspondence with the debt collectors. We also … read more
LadyJustice
LadyJustice
Attorney & Counselor At Law
Doctoral Degree
410 satisfied customers
I was in custody in 2005 when i was taken to a hospital for
I was in custody in 2005 when i was taken to a hospital for pre-existing disabilities. I never signed anything but the officer did , never made any payments as said officer told me the city was respon… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I have an Dell account that I have fallen behind on for about
I have an Dell account that I have fallen behind on for about 6 months now. I am able to continue my payments and pay the requested minimum payment due by May 8th as indicated on the last billing stat… read more
Barrister
Barrister
Attorney
42,539 satisfied customers
I was married and cosigned for a consolidation of my wife and Is college student loa
I was married and cosigned for a consolidation of my wife and I's college student loans. We divorced and we had a written agreement that she would take care of the monthly pays, as I left her the home… read more
Barrister
Barrister
Attorney
42,539 satisfied customers
Would you happen to know if I can not deal with a 3rd party
Would you happen to know if I can not deal with a 3rd party such as a creditor? And deal with the original creditor I owe funds to?… read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
I have been contacted several times concerning a payday loan.
I have been contacted several times concerning a payday loan. I have never had a payday loan. They claim that I am being sued. What can I do to handle this matter?… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
What is the federal law reguarding credit card companies limitations
What is the federal law reguarding credit card companies limitations when an account is not paid for six months and the credit card company charges off the debt. Are they required to charge off in six… read more
Barrister
Barrister
Attorney
42,539 satisfied customers
is it legal for a collection agency to contact a party not
is it legal for a collection agency to contact a party not directly responsible for a debt… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,898 satisfied customers
I was contacted regarding a debt that I had and was threatened
I was contacted regarding a debt that I had and was threatened by representative from law office. I was told that if I did not make payment arrangements I would be sued and my wages up to 25% would be… read more
Counselor
Counselor
Doctoral Degree
630 satisfied customers
I am having a problem getting this done. we have been billed
I am having a problem getting this done. we have been billed for something that we do not owe. I have repeatedly tried to stop the letters from the company but they will not liste to us. Our first not… read more
attySince1978
attySince1978
Doctoral Degree
925 satisfied customers
hello i wanted to ask my wife and i are being suied i gess ...
hello i wanted to ask my wife and i are being suied i gess for doctors bills from a hosp, but we are on ssi and disability what can we do if anything they asked us to bring all bank records and bills … read more
Kelly Spurlock
Kelly Spurlock
Bachelor's Degree
304 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