mp7785 Posted August 9, 2003 Report Share Posted August 9, 2003 Would like some input if anyone has been in the same situation. My dad opened a Home depot account about two years ago. The account was in his name only. I was listed as a authorized user(not a co-signer). My Dad passed away about a year ago. I used the card to the tune of 7,000.00 with my Dad's approval, While he was living(I had a card issued in my name,as an authorized user) because I moved into a new house that needed alot of work. After my Dad passed away I kept paying the monthly bill for about a year( I figured they were my charges and that was the right thing to do)My Dad's Estate went thru Probate and The final hearing was Last month. No creditors showed up at the hearing cause all his bills were paid,except this Home depot bill. As I said I had been paying on it monthly. So his Estate is now liquidated,all that were left were split up among his children(not a large amount) I am now out of work due to a injury and I am on disability,I cannot pay the Home Depot bill anymore. My question is sence his estate is liquidated and the the final hearing was approved and no money is left in his estate, if I now notify Home Depot of his death,Will they be able to come after anyone (either me or the executor of his estate) for not notifying them of his death while his estate was in probate? Notice of the death and probate hearing was published in our local newspaper as required by law.I did plan on paying them, But my unexpexted disabilty is stopping me from paying it now. Just for the record he did not have any credit protection on the Home Depot account. And I did talk to our lawyer about this and he said Home Depot could petition to open the probate case again or they could just write it off, Has anyone been in this situation? would appreciate input. Link to comment Share on other sites More sharing options...
sisflomi Posted August 9, 2003 Report Share Posted August 9, 2003 You need to go look through your state laws. It will be in there, most states they can't do anything after a year. Tell me your state, you can pm me with if you dont want to share it here. I will see if I can find it. I pass up this stuff lookin in the state laws all the time. Link to comment Share on other sites More sharing options...
mp7785 Posted August 10, 2003 Author Report Share Posted August 10, 2003 Rhode Island Link to comment Share on other sites More sharing options...
sisflomi Posted August 10, 2003 Report Share Posted August 10, 2003 http://www.rilin.state.ri.us/Statutes/TITLE33/INDEX.HTMClaims Against Decedents' EstatesSECTION 33-11-5 § 33-11-5 Time allowed for filing claims – Petition to allow late filing – Appeal. – Claims shall be filed within six (6) months from the first publication. Claims not filed within six (6) months from the publication shall be barred; provided, that a creditor who, by reason of accident, mistake or any other cause, has failed to file his or her claim, may, at any time, before the distribution of the estate, petition the probate court for leave to file his or her claim, and the probate court, after notice to the executor or administrator of the estate and a hearing on the petition, may in its discretion, grant leave to file the claim upon the terms, if any, as the court shall prescribe, which claim, if allowed, shall be paid out of the assets remaining in the hands of the executor or administrator at the time of the receipt by him or her of notice of the pendency of a petition, and there shall be no appeal from an order or decree granting leave to file the claim. From an order or decree denying leave to file the claim an appeal may only be taken to the superior court where it shall be heard de novo, and without a jury, and neither the rulings of the superior court, nor its order or decree shall be reviewable by an appeal or bill of exception. Link to comment Share on other sites More sharing options...
sisflomi Posted August 10, 2003 Report Share Posted August 10, 2003 Were you the executor or adminsitrator? Is so, and you knew about this debt, this could be bad for you.CHAPTER 33-11Claims Against Decedents' EstatesSECTION 33-11-5.1 § 33-11-5.1 Duty to notify known or reasonably ascertainable creditors. – (a) If the identity of a creditor of an estate is known or reasonably ascertainable by an executor or administrator, such executor or administrator shall, within a reasonable period of time after qualification, take such steps as are necessary to ensure that such creditor receives or has received actual notice of the commencement of the estate. The sending of a notice in the form contained in subsection ( by such fiduciary to such creditor at his/her or its last known address, by first class mail, postage prepaid, shall be deemed to be a means, but not the exclusive means, of satisfying the requirements of this section. ( An executor or administrator shall be conclusively presumed to have complied with this section by sending a written notice in substantially the following form: STATE OF RHODE ISLAND PROBATE COURT OF COUNTY OF ]]]]]]]]]]]]]] THE ESTATE OF (NAME OR ESTATE) (NO.) NOTICE OF COMMENCEMENT OF PROBATE To: (Name of Creditor) (last known address of creditor) Notice is hereby given by (name of fiduciary) that a probate estate has been commenced for (name of decedent) in the Probate Court of the (name of municipality, address of court) docket no. ]]]]]]]]]], said (name of fiduciary) having been qualified on (date of qualification). Name and address of Estate Representative or Attorney Date Link to comment Share on other sites More sharing options...
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