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You know, I swear every time I see a ray of hope in my life, a way I can make it, something else comes crashing down and applies even more pressure than I felt before...
Not only have I lost my mama, one of the few real friends I ever had, but now I have to deal with all this legal crap immediately following, and since she was in debt, it's even worse than it would normally be... I don't think I can handle it, but apparently, I have to or I could go to jail or something.
Last semester was supposed to be the semester I made up last year's bad grades, but then that happened... This semester I'm trying to pull through, and my roommate is helping me, but he keeps getting more and more busy, and I keep needing more and more guidance...
He's decided to room with someone else next year, one of his friends I've always seen as a bad influence, and frankly I feel abandoned... I'd tell him, but I don't think he'd understand... If it weren't for him, I think I'd have killed myself last semester. Losing him as my roommate makes me feel hopeless, not to mention the fact I don't really trust much of anyone else to be my roommate, and the ones that I do are graduating this semester... or are leaving for some other reason. I'd get a private room, but I don't have a high enough GPA.
Look I know chances are that noone wants to listen to all this crap and I'm sorry, but I have to vent it somehow. The only other way I can think of is either by breaking things, or killing myself, and I don't really like the idea of either of those.
Am I nuts? Do I need to be committed? Has any one of you been through any of this before? What should I do? I was completely unprepared when it all happened. Every time I find a little happiness or hope, I sink again. Is there a way to stay up? Is there a way out of all this legal crap? Will I end up needing to be taken away to a mental hospital? I really don't want to lose my freedom and be labelled insane. Help me please...
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Unless your mother listed you as a primary or secondary debt holder on whatever accounts she had in her name you have absolutely no obligation to pay. Do not listen to what anmy collection agent has to say they are paid to turn a profit. Forward a copy of your mothers death certificate to each creditor and tell them to cease and desist all collection efforts. I can not promise this will work with every creditor but I will promise that if there is a Capital One or Bank of America account they will stop. Consult a free attorney specializing in fdcpa (Fair Debt Collection Practices Act) in regards to any creditor that does not terminate collection attempts. If your mother has put your name and social on any accounts dispute them with ANY of the existing credit agencies such as Equifax. They may come back saying that the accounts are legitimate but it will get them off your back for 30 days while its being investigated. On a good note should the creditor exceed the thirty days Equifax will remove it from your credit report regardless. Sadly if your are listed as being a responsible party you will have to work out payment arrangements of the debt. Stick with the payment arrangements and they will stop hounding you. Sorry to hear of your loss and have a nice day.
Brood
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What about the estate? Can they collect from that?
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Unless you have an over whelming desire to clear your mothers name you shouldn't have to worry about collections agents. Each company reserves percentages to be written off at the end of each year. When informed that a debt holder has passed they will add the debt to this list. You can NOT be put into jail because of a debt your mother incurred before she passed away. You did not manage or cause the debt you will not be held responsible. Anyone who tells you otherwise should be referred to an attorney as this is a VIOLATION of the fair debt collection practices act. In fact record the conversation. ;) In as far as the estate is concerned that is out of my area of expertise. Many attorneys will offer free consultations on certain days of the week/month, find one fo these. Sorry I was not able to offer more information.
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This has been very helpful. Thank you. Thank you very much. You will be remembered upon my return to the game.
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I used to work in collections and Brood is 100% right. You have no obligation to repay any of your mother's debts unless your name was also on the paperwork (i.e. a cosigned loan). Not only can you not be jailed for not repaying her debts, you can't even be jailed for not paying your own debts. They could still take civil action however, possibly place liens on your property or garnish your wages, but definetly no jail. If things get too heated and the creditors continue to apply pressure after you've properly notified them of the situation, you may consider talking to a lawyer.
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Thank you. First thing Monday morning I'm setting up an appointment with my lawyer who's handling the estate to run this all by him. I believe you two, but it's more comforting when it comes from the professional in person :P I appreciate this info though. There are a LOT of claims here… And it would be great if they hold no water.
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You can not go to jail for her debits so don't worry about that. Pretty much you are in control here so don't let even the IRS bully you. They tried when my mother died. They will do a auto audit. Don't worry about it have your lawyer take care of it and what every you do STAY ON TOP OF THEM. Lawyers have a habbit of letting things slip by. If her estate was small and you don't have much Bankrupcy is an option that will let you keep one hell of a lot. Check into it if there are problems. while her estate has to pay some of her debits still there are ways that you can be the first in line for it rather than the collectors. Chec to see if she had death insurance for her CC. It's there and often they don't tell you about it. Look into if any of her accounts had insurance that would pay off when she died. I know it's hard and you feel bad about it but you have to live and go on in life. Get help and be sure to watch the cost the laywer is charging.
Did she have a will? If so they will have to go by it. If not then the state has rules read them. Your going to have to be very savy to not get taken but over all tell the bill collectors that they are to stop calling you (there is a federal law that protect you look it up and say it word for word over the phone to them then hand up) they are to only talk to your lawyer period. Don't agree in writting or voice to ANYTHING! I assume your under age so anything they force you to agree to currently is VOIDED. Remember YOU are in control don't loose it. Get help ASAP there is tons of free help use it and good luck.
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Well, I'm not underage. I'm 20\.
My mom had HEAVY debts. She has a will but we never found it. I was told that because of no will, that means everything goes to me, since I'm her only child. (That was basically what the will said anyway, with a clause mentioning that if I was insane or something it went to my uncle instead)
I'm very anxious for tomorrow morning to roll around, so that I can start getting some of this crap taken care of. It'd be ideal if I wasn't in school, but hey it'd also be ideal if I was rich up to my elbows. I guess I'll let you guys know how things go.
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In some states it's 18 others it's 21 you might check. Keep looking for her will she might of sent a copy of it to someone she could trust. I know my hubby and I sent a copy to my mother-in-law but we need to update it. Also look for any deposit box keys and other possible places. As it is yes you get it all BUT some states do take over estates if there is more than one claimit. Someone could come out of the woods saying she owed them money. It has happened where the state took over and divided it between people who are related but you might of never known. It's good in many ways your over 16 because the state can't take the estate in your name and gobble it up.
The best thing is to stay in charge and if you have to take some time out from school do so. Often schools have exceptions for death of family members where you can go for a few monthes then come back.
Having the Will is very importain it might end up the same no matter what but it's good to have the ablity to make the state but out. Good luck and I feel for your lost I have over time lost so many good people. Just hand in there.
