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About Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
 
   

You are here:  Experts > Business > Corporate Law > Collections Law > Responsible for Deceased Parent's Debt?

Collections Law - Responsible for Deceased Parent's Debt?


Expert: Creditwrench - 6/18/2009

Question
QUESTION: In the state of Florida, is a grown child responsible for pharmaceutical debts
of an elderly, deceased parent who died penniless (with zero assets) - via the
pharmacy "program" provided by the ALF? There is no estate, no probate,
nothing. Every cent of the estate (what there was of one) was spent on elder-
care prior to death (in addition to financial support from us). A good portion
of the bill was "mistakenly" incurred after transfer to a nursing care facility
because the ALF "forgot" to cancel the standing re-order. Many thanks for
your guidance.

ANSWER: You don't owe anybody anything.

---------- FOLLOW-UP ----------

QUESTION: Many, many thanks. That was essentially our thinking.

As a follow-up question and for our next step --- Today we received a
mailed, official collection notice from a prominent law firm on behalf of the
pharmacy (I believe we were called by them today --- thought it was a wrong
number). Later I "googled" the caller ID number to see who it was --- it was
the same law firm from the notice.

Should we just call and talk with the law firm / collection dept.?

Note: Money from the sale of the family house paid for 5-6 years of ALF care,
and was then exhausted. Additional costs along the way were paid out-of-
pocket on our end. We had opened a joint account from the sale of the house
(plus monthly social security deposits) for the sole purpose of elder-care, but
had to close out the account to help pay off nursing home expenses.

Answer
First of all, who is the law firm and where are they located in relation to where you live? Same state, county or out of state somewhere? We need to know that to be able to assess the likelihood that they might sue you for the money. It will also give us a better idea as to how to proceed to run them off.


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