HELLO AGAIN. THIS IS ALICE HORNBAKER FOR WMKV 89.3 FM BRINGING YOU ANOTHER “LIFE AFTER 50” COLUMN THAT IS HEARD, EXCLUSIVELY, ON WMKV 89.3 FM AND WMKVFM.ORG AROUND THE WORLD ON THE INTERNET, MONDAYS AND THURSDAYS AT 2:20 P.M., AND FRIDAYS AT 8:50 A.M. AND AS A BLOG ON THE SITE, GROWINGBOLDER.COM UNDER BLOGS/ AJHORNBAKER.

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         AFTER DEATH, CAN YOUR DEBTS HAUNT YOUR RELATIVES?

         ARE YOU RESPONSIBLE FOR, SAY, YOUR HUSBAND’S CREDIT CARD DEBT IF CARDS ARE ONLY TAKEN OUT IN HIS NAME?

         AN AARP ARTICLE BY CATHIE GANDEL SAYS NO.  LISTEN UP. ONE WIDOW IN THAT AARP ARTICLE REPORTED SHE’D RECEIVED CALLS DEMANDING PAYMENT ON CREDIT CARDS A MONTH AFTER HER HUSBAND PASSED AWAY.  SHE TOLD THE AARP REPORTER ONLY LATER DID SHE FIND OUT SHE WAS NOT RESPONSIBLE FOR DEBT INCURRED ONLY IN HER HUSBAND’S NAME.

         TOO OFTEN WIDOWS OR WIDOWERS GET DEBT COLLECTION AGENCIES CALLING THEM, EVEN HOUNDING THEM. THEIR TACTICS? AT FIRST THEY ARE SYMPATHIC BUT THEN GENTLY THEY URGE THE WIDOW OR WIDOWER TO PAY UP WHAT THE LOVED ONE OWED.

         THE ARTICLE’S ADVICE? HANG UP.

         IN A BROCHURE PUT OUT BY THE FEDERAL TRADE COMMISSION (FTC), IT SAYS THAT A SURVIVING FAMILY MEMBER USUALLY HAS NO LEGAL RESPONSIBILITY FOR DEBTS OF A DECEASED RELATIVE.

WHAT THEY URGE A SURVIVING SPOUSE TO DO IS IMMEDIATELY CONSULT AN ATTORNEY IN HER OR HIS STATE WHERE THE WILL WAS FILED. STATE LAWS ARE DIFFERENT SO THIS IS IMPORTANT.

BUT IF THE DECEASED LEFT AN ESTATE, DEBTS MUST BE PAID OUT OF THE ESTATE BEFORE DISBURSEMENTS ARE MADE TO HEIRS. SECURED ASSETS LIKE A HOUSE OR CAR HAVE TO BE SOLD TO SATIFY DEBT.

SO HOW DOES ONE DEAL WITH HOUNDING DEBT COLLECTON AGENCIES? THE AARP ARTICLE SAYS:

1. YOU DON’T HAVE TO SPEAK TO THEM. REFER ANY TO THE ADMINISTRATOR OF THE ESTATE.
2. NEVER VOLUNTEER ANY PERSONAL INFORMATION. SCAM ARTISTS POSING AS DEBT COLLECTION AGENTS CHECK THE OBITS IN NEWSPAPERS, THEN CONTACT RELATIVES.
3. IF THE CALLS CONTINUE, SEND THEM A CERTIFIED, RETURN RECEPT REQUESTED LETTER SAYING YOU ARE NOT TO BE CONTACTED AGAIN.
4. THE AARP ARTICLE ADDS THAT ANY PROBLEM YOU MIGHT HAVE WITH A DEBT COLLECTOR SHOULD BE REPORTED TO YOUR STATE ATTORNEY GENERAL’S OFFICE AND THE FEDERAL TRADE COMMISSION.
5.  ANOTHER GOOD IDEA. YOU MAY REQUEST A COPY OF THE FTC’S “DEBT COLLECTION FACTS: A GUIDE FOR CONSUMERS.”