Saint Paul, MN asked in Probate for Missouri

Q: X-wife was killed in a car accident (Missouri)... her assets were approx $9000, Funeral costs $6200....CC bill is $14K

Given her low assets - no estate....no executor

1. Am I or our children responsible for the $14 K CC debt?

2. do we ignore the CC company...who is harassing us?

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2 Lawyer Answers
Lloyd M. Nolan
Lloyd M. Nolan
Answered
  • Probate Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: You and your children are not required to pay her debts. It appears that your former wife's debts were personal to her and she left no resources that would be available for creditors, You are entitled to tell the creditors to go to hell and not to contact you any more. Given the apparent persistence of the creditors, you may want to communicate this in writing.

The Creditors may be in violation of the Fair Debt Collection Practices Act, although the facts would need to be carefully examined to see if there were actual violations of the FDCPA.

Lloyd M. Nolan
Lloyd M. Nolan
Answered
  • Probate Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: This is an addendum to my answer. If the auto accident was not your wife's fault, or if you are not sure, you should immediately consult an attorney who is competent and skilled in handling automobile personal injury cases. You should not delay as there are time limitations under law for pursuing a claim and the claim would be forever barred if suit is not filed within the applicable period under the Statute of Limitations.

Nina Whitehurst agrees with this answer

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