Credit Card company goes after "estate"

[fgs]

What is the name of your state? AL
I hope that this is the correct forum for this. If not, please excuse me.
My spouse died 27 months ago and left outstanding credit card accounts that were only in the spouse's name, not mine. I hired an attorney to write to the companies to notify them of the death and that there was no estate, no probate and to contact the attorney if any further questions. This week I received a letter, addressed to the estate, from a law firm representing one of the big 3 credit card companies. It stated that they had learned about the death (!) and that the estate was to send in the balance due on the card plus interest and penalties, and that the letter represented a Notice of Claim on behalf of the CC company.

I am shocked that they would wait this long and not have acknowledged the letter that they have already received concerning this. Is there a statutue of limitations on this sort of thing? What is my responsibility as the surviving spouse? Am I automatically the "personal representative" or does a court set that up? Could you provide a legal definition for "estate" for AL? Thanks for any input.

 

[ecmst12]

Do you have a copy of the letter that was sent out to the credit card companies at the time of his death? If so, send them another copy. If not, contact the lawyer, he will probably have a copy on file.

 

[racer72]

Better yet, send the credit card company a copy of the death certificate and a letter stating that the deceased left no estate.

 

[Ladynred]

It stated that they had learned about the death (!) and that the estate was to send in the balance due on the card plus interest and penalties, and that the letter represented a Notice of Claim on behalf of the CC company.

I agree with Racer, send them the death certificate and state that there was no estate and no probate. Even if there HAD been a probate proceeding, there are time limits for claims against the estate and if they miss that window for claims, the creditor is out of luck. You can check with a probate attorney on the limit in AL.