Is there a "statue of limitations" when it comes to how long a creditor may harrass you when the deceased had an insolvent estate?

by Darlene W.
(Parma Heights OH)

In Ohio, is there a statue of limitations on how long a creditor can harrass you or contact you when the deceased had an insolvent estate? My sister died in Feb 2012, had an insolvent estate, and no probate was done (consulted a lawyer who said if there is no property to probate, no probate should be done). She was on SSI and a small pension. I sent letters in response to all creditors informing them of this matter (no money to pay bills). Most have stopped sending letters, but the medical providers keep sending letters asking for payment. So how long can this go on? What steps should I take to tell them to stop? My sister was solely responsible for her liabilities, not me. Thank you for your help.

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Jun 05, 2015
 Can an Independent Executor be sued for a brother estate?
by: Anonymous

My brother passed and left me as the Independent Executor of his will. The will has been probated. The estate had no money. He did live in a government home which he would have own after 3 years. No money. I have several claim from creditor against the estate. What can I do. How do I handle this?

Reply from DebtCollectionAnswers.com

We always recommend consumers consult with a consumer law attorney in these cases. However, generally if an estate is insolvent the executor can let the creditors know that in writing. (Certified mail, return receipt is always best.) It sounds like they will have to write off the debt.

Our condolences for your loss.
Jul 12, 2012
 Is there a "statue of limitations" when it comes to how long a creditor may harrass you when the deceased had an insolvent estate?
by: Debtcollectionanswers.com

There is a statute of limitations on how long creditors have to sue someone over a past due debt, but they can contact someone about a past due debt as long as they want. There is no special statute of limitations related to the debt of a deceased person however. Even so, if the debts that your sister owed at the time of her death were her debts alone -- you did not sign for or guarantee payment on any of them -- then you are correct, you have no obligation to pay those debts and so far from what you write, you have handled everything correctly.

Since the creditors continue to contact you, I recommend that you send each of them a letter stating that the debt is not yours and that you want all contact to stop. Once a creditor receives your letter, the federal Fair Debt Collection Practices Act says that it must not contact you again although the creditor can send you an acknowledgement of the letter.

Make a copy of each letter for your files and send the letters certified mail with a return receipt requested so you have confirmation that your letters were received. If any of the creditors continue contacting you after receiving your letter, you may want to schedule a free consultation with a consumer law attorney to find out if you have grounds for a lawsuit. I also recommend that if you continue to be contacted after you send your letterS, that you use our Free Debt Collection Worksheet to record information about each contact. This information would be very helpful if you pursued a lawsuit.

Good luck!

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