Being Harassed by Late Mother's Creditors

[Clipper965]

What is the name of your state (only U.S. law)? Florida


I keep getting annoying letters and some calls from my late mother's creditors. She passed away Feb 21 2010 and her estate was not probated because her house had an upside down mortgage being owed far more than market value and a checking account with $500 and a pile of medical bills. She did leave $35000 in life insurance which was just partially to pay her funeral and the rest was divided evenly between my sister and myself. I was told by the paralegal who helped up settle her affairs these unsecured creditors would be pesky trying to trick us into paying. All these debts, credit cards etc were in her name only. Is there anything I can do to get rid of them. My sister is getting the same annoying calls and letters

 

[FlyingRon]

Who was the beneficiary of the insurance? If it was you or your sister (or both) spend it as you see fit. If it was made out to the estate (or no beneficiary was specified), then you have no authority to spend any of it and it goes to the service the estate's debts before the heirs have any claim.

 

[Clipper965]

Insurances

Were left in our names. Her IRA with $7000.00 was left in my name was used to pay for the funeral and burial. How do I stop these annoying calls and letters?

 

[Zigner]

Were left in our names. Her IRA with $7000.00 was left in my name was used to pay for the funeral and burial. How do I stop these annoying calls and letters?

Complete the probate process.

 

[Dandy Don]

Get an answering machine that records calls, inform the callers upfront that they are being recorded. If you have not previously explained that there is no estate and that they unfortunately will not be collecting anything because there are no assets, then do so now and mention that if they continue to needlessly call, they will be facing legal action by you. If possible, get their company address so you can send them a certified letter stating such. You can discuss with a debt collection attorney your rights to file for damages against companies that continue to harrass you with their calls after they have been previously warned not to do it.