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  • debt after death

    a person I know had a death in family a couple years ago never had enough money to file probate and estate was in bankruptcy before death.

    now some odd fly by night "lawyer " is saying one of the properties in estate sold for more then owed and wants heirs to sign something to collect. I told a person I did not think they could get money before creditors as No probate was done.
    Does anyone here on forum have any insight ?
    I know it will vary by state I just want to stop friend from signing anything that could pull them into that debt trap? I think this dude is a collection person as they come across as very sketchy.


  • #2
    I absolutely wouldn't sign anything without having their lawyer review it first. No way they should proceed without legal counsel in this setting. How much money is supposedly involved? Maybe they can get a lawyer who will work for a percentage of any money recovered.
    Steve

    * Despite the high cost of living, it remains very popular.
    * Why should I pay for my daughter's education when she already knows everything?
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    • #3
      lawyer up!
      How can you have any pudding if you don't eat your meat?

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      • #4
        Who was the executor? They could speak to that person first as they should know what’s going on. Either that or maybe the accountant who handled the estate’s taxes.
        Steve

        * Despite the high cost of living, it remains very popular.
        * Why should I pay for my daughter's education when she already knows everything?
        * There are no shortcuts to anywhere worth going.

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        • #5
          it is just a big ole mess. there is NO executor.
          No taxes were filed that I know of.

          There was no will/ the person who passed was in bankruptcy / no one filed probate as just the filing fee was 1800 plus lawyer and the debt far exceeded any assets. A lawyer ( familiar with the details) immediately after time of death told one person in family " that is a bankrupt estate take any personal belongings that have sentimental value and walk away"

          the property these DEBT collectors (reverse directory shows who they really are) are saying "hey we have some proceeds from sale of a property" that was in foreclosure before the death. I doubt taxes were paid or other items since death

          These calls are just very sad as the person they are contacting has zero assets or money even if they get that person to sign something.
          I guess they will figure that out eventually. now they are branching out to extended family trying to get anyone to sign something 3 different callers now from 2 different states then the one where the property and the deceased had lived. I guess there is not much I can do to convince person NOT to sign something as they just see $$$ in their eyes.
          Last edited by Smallsteps; 08-01-2019, 05:36 AM.

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