Credit Card of My Deceased Sister

by SANDY
(VERMONT)

My sister passed away last nov, and left me as executix. The estate was declared a small estate, $10,000. I paid her cremation, etc.. Then bank of america sent a letter to the probate court, saying my sister owed them $4,000.

At the time of death she was on social security and ssi. She left a "burial insurance",according to what i found out a credit card co. Cannot take someone’s Social Security to pay a debt, so if my sister would have lived and did not want to pay this debt there would be nothing they could do. Well i spoke with the credit card co. And sent all the necessary paperwork and they declared the debt "uncollectable". So now i want to be discharged from my responsibility with the court but they say i need it it writing that they declared it uncollectable. They would not give me that. I contacted the ceo's office of boa, now they tell me they have no record of declaring it uncollectable.

Now they tell me they are issuing a 1099-c tax form against the estate in 2012 to resolve this. Any suggestions?

Reply from DebtCollectionAnswers.com:

We are sorry to hear about your sister's death. It sounds like they are giving up on collecting the debt since they are filing a 1099-C indicating the balance has been forgiven. It's sounds like it's a tax matter now.

We assume you have worked with a tax advisor to file a final tax return for your sister's estate. If so, we would encourage you to discuss the 1099 with the advisor to see whether it needs to be amended. And if you did not do that, then it would be a good idea to go ahead and talk with a tax advisor, or at least contact the IRS for help.

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