Expert: Creditwrench - 7/30/2009

Question
QUESTION: My father died in April 2009. He was sole accountholder on a WAl-MART credit card, financed by GE Money Bank. Wal-Mart reps said family was not responsible, but now we have gotten a letter from TSYS Total Debt Management, Inc. demanding payment.

Do they have power to file in court on unsecured debt?

ANSWER: TSYS? Oh Boy! I would love to see another of my students give them a good whacking in federal court. Your father passed away so who do they think is responsible for the debt now? And what did he leave as an estate? Property? Money? Insurance policies? What? Those are questions I need to know the answers too before I can tell you what I think you should do.


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

QUESTION: He and my mother jointly own about 4 acres of land and a paid-off vehicle. Life insurance, paid after his death, paid off their house and joint credit debt that my father incurred, and paid off debt my father ran up on my mother's credit cards in her name only.  No money is left after that (he REALLY had some massive debt.  I tried to explain this to TSYS and they were extremely ugly and rude, stating that "the family was not responsible but they would file against the estate"---in my opinion, it's one in the same.

Answer
I can see where it all seems the same to you but not to them. They can file against the estate unless it has already been probated and your father's name is off the property and the vehicle and any other assets he may have had. If his name isn't gone from everything then you had better get that accomplished and get it done as quickly as possible. If you don't do that they can file against anything that still has your father's name on it.