Credit Card debt collection on widowed spouse

[Novari]

Hello,
I would appreciate some advice. My mother recently passed away and we sent copies of her death certificate to all of the credit card agenicies with which she was the sole account holder. Within one week, my father received a letter from a law firm representing Dell computers stating that he was now responsible for the debt (he was never on the account). I fear that all of the credit card companies will start coming after him and I was hoping someone can advise me on his rights. He lives in Nevada.
Thank you.

 

[seniorjudge]

Tell him not to respond to that letter in any way.

Also, do not talk to any collection agency on the phone.

It will take the idiots four or five years to stop bothering pa.

So, I repeat, do NOT talk to them.

 

[calalily]

Have you talked to the estate lawyer? Some states have community property laws where the surviving spouse is liable for the debts.

 

[Novari]

Have you talked to the estate lawyer? Some states have community property laws where the surviving spouse is liable for the debts.

There is no estate lawyer. I know that Nevada is a community property state. Can the creditors sue him or can collection agencies come after him?

 

[Novari]

Tell him not to respond to that letter in any way.

Also, do not talk to any collection agency on the phone.

It will take the idiots four or five years to stop bothering pa.

So, I repeat, do NOT talk to them.

Can they take him to court or garnish his wages?

 

[seniorjudge]

Yes, they can take him to court.

Whether they win is something I don't know.

They would have to get a judgment to garnish his wages.

If he has never agreed to pay these bills (e.g., his name is not on the credit cards) and if these bills were not for necessaries (e.g., her doctor bills, whatever), then they cannot collect.

 

[calalily]

I don't know what your state allows creditors to do to get payment for debts owed. Google Nevada's laws on garnishment. I would consult an Estate lawyer to know exactly what your dad is responsible for.

 

[calalily]

http://www.leg.state.nv.us/nrs/NRS-150.html

Here is the law on debts of surviving spouse.

 

[seniorjudge]

http://www.leg.state.nv.us/nrs/NRS-150.html

Here is the law on debts of surviving spouse.

That statute has to do with estates; there is nothing in this post that concerns estates.

 

[calalily]

This is the Subsection I was referring to in that Statute. You don't believe it applies to all debts? I thought it did. Does anyone else have an opinion? I don't want to give out wrong information.

PAYMENT OF DEBTS, EXPENSES AND CHARGES

NRS 150.225 Payments to be made according to will; sources of payment if provision or property of will insufficient.

NRS 150.230 Duty to pay certain expenses, allowances, debts and claims upon receipt of sufficient money; discretion to pay certain smaller debts; funeral expenses and expenses of last illness not charged to community share of surviving spouse.

NRS 150.240 Order of court for payment of debts; treatment of classes of creditors; discharge of personal representative upon compliance with order if property of estate exhausted.

NRS 150.250 Claims not yet due and contingent or disputed claim.

NRS 150.260 Liability of personal representative.

NRS 150.270 Claim not included in order of payment.

NRS 150.280 Closing administration.