Deceased Estate Collection Services

The personal representative of a probate estate of which I am the attorney and I have received letters from two different estate collection services. The letters are enquiring about whether there are assets to cover the debts of the decedent. This is something I have not seen except from the state’s collection agency for Medicaid estate recovery. I talked about this in “HMS — Just Ignore Them,” in this blog on March 2, 2012. The letters are not threatening; they even point out that family members do not have personal liability for the debts. However, it looks as if these companies want to work outside of the probate process. They may intend to persuade family members to cover debts that the estate lacks funds to pay. In other words, they want to persuade the family members to pay the decedent’s bills with their own money.

The letter received by my client, the personal representative, was from “AscensionPoint Recovery Services, LLC.” It is addressed to “Estate of Myrtle Restinpese” (not her real name) at the personal representative’s address. I know they took the address from court records or the Notice to Known Creditors because the street name has the same misspelling as on the Notice. The letter is asking the personal representative to contact the company. There is no indication of what creditor AscensionPoint is writing about.

I also received a telephone call and a letter from “Estate Information Services, LLC.” This was addressed to me as “attorney for the above-referenced estate.” It references a credit card account and is asking for the same information mailed to the credit card company with the Notice to Known Creditor “so that we may present an estate claim on behalf of the creditor.” It appears that this is a sneaky way for creditors and collection agencies to put pressure on families to send money without filing a claim.

When someone dies, either there is or there is not a probate estate. If there is a probate estate, the personal representative (aka executor or administrator) is responsible for dealing with creditors. The proper course is for the creditor to file a claim. There is no justification for a collection agency to contact anyone other than the personal represntative and there is no reason for anyone else to give information to a collection agency.

If there is no probate estate, the creditor is probably just out of luck. However, collection agencies may try to get money from surviving family members through pressure or by playing on the family members’ grief and guilt. Surviving family members generally have no obligation to cover the debts of the decedent, even if they are beneficiaries of life insurance or other insurance or financial products. They have no obligation to supply information to collections agencies and engaging in conversations with a collector is usually a mistake.

The Federal Trade Commission gives this explanation about whom a debt collector can contact:

Whom may a debt collector talk to about a deceased person’s debt?
Under the FDCPA, collectors can contact and discuss the deceased person’s debts with that person’s
spouse, parent(s) (if the deceased was a minor child), guardian, executor, or administrator. Also,
the FTC permits collectors to contact any other person authorized to pay debts with assets from
the deceased person’s estate. Debt collectors may not discuss the debts of deceased persons with
anyone else. FTD Consumer Alert.

If you are being contacted by a debt collector (or information service) about the debts of a decedent, follow Betty Ford’s advice: “Just say, ‘No.'”

 

John B. Payne, Attorney
Garrison LawHouse, PC
Dearborn, Michigan 313.563.4900
Pittsburgh, Pennsylvania 800.220.7200
law-business.com
 
©2012 John B. Payne, Attorney
 
 

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    • Will my credit score be ruined if I refuse to pay my deceased wife’s credit card bills? I was told by the company that I have no obligation to pay this bill. Yet it was turned over to Ascension Point and they can’t tell me what is owed.

      • First, my condolences on your loss.

        If your name and Social Security Number are not on these accounts they should not affect your credit score. They will play on your guilt and try to persuade you to give them money, but you are not obligated to pay anything, unless there is a probate estate for your wife.

  • These bottom-feeders are still operating, and have not changed name or tactics. They contacted the wrong family this time, though, because no part of the estate is in probate. The house itself was transferred over to his daughters in equal holdings, and his sole bank account is held in joint by the youngest, who is paying all monthly bills until the house is sold. The bills are not delinquent because I (the middle daughter) am living at the home so it’s not vacant. There were no outstanding medical bills; everything was paid by either Medicare or his supplementary policy. I hope these cretins burn.

  • I received a letter from Estate Information Services, LLC addressed to the Estate of . I am the estate trustee. The estate attorney made the appropriate publication notice in the Michigan county legal newspaper where my uncle lived. It listed my name and New York address for receiving any creditor claims. Once I was able to establish a trust bank account, I paid all the outstanding bills that I had. I also closed his credit card and other accounts.

    The EIS letter implies there is an outstanding debt by asking to “have the person who is responsible for paying outstanding bills” to contact their office as soon as possible. I find it interesting that the letter does not directly address me when that information is public. The letter was received at my NY address.

    I don’t believe I have an obligation to contact EIS. I have already paid my uncle’s creditors and if I missed one, they should have contacted me directly per the legal news notice.

    • Without more information, I could not say whether EIS represents a legitimate creditor. It depends on when the publication occurred and whether the claim is being put forward by a “known creditor.” Unless there is concrete information about the creditor in the letter, it sounds like EIS is just fishing for suckers. You would have no obligation to respond to a letter like the one you describe, but you should send your attorney a copy of the letter and ask him or her what to do.

  • I’m a little late to the party, but I also have received a letter from Ascension Point regarding a credit card that my mother had before her death. They do list a creditor and an amount – however, after speaking with the original creditor, they informed me that the debt was cleared due to her passing. She has very minimal estate and everything is split equally between my brother and I.They have recently begun sending certified letters to my home (of which I was not home to receive so they were sent back). Am I obligated to pay these idiots? What steps should I take?

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