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Old 02-03-2020, 07:27 PM   #11
Ellouise
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Default Re: Bankruptcy and death of debtor

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Originally Posted by adjusterjack View Post
it's a good idea to go to court and get appointed representative of the estate and then handle everything in the name of estate.
Is it different than getting a lawyer? Would I have to pay for getting this appointed representative?
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Old 02-03-2020, 08:28 PM   #12
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Can our tax refund be confiscated in the process of (not sure... probation?) ?
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Old 02-03-2020, 08:41 PM   #13
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If one of the vehicles to be taken away from the family, then I would rather stop making payments on it, especially knowing I'm not the one who owns the loan and title is also not in my name..
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Old 02-03-2020, 10:01 PM   #14
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Default Re: Bankruptcy and death of debtor

Also, who initiates probate process? Is it OK if I do nothing and then they somehow notify me about probate that is started? Or do I have to start it myself? Can I be that court appointed representative or better not?
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Old 02-03-2020, 10:07 PM   #15
adjusterjack
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Default Re: Bankruptcy and death of debtor

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What if I need money that I get from selling one of the cars for ... just living expenses? Do I HAVE TO notify any creditors about his death? What happens if I just do nothing?
I can't answer those questions. Too much "what if." You have a fiduciary duty and likely a statutory duty to handle the estate properly. When you cut corners you take the risk that something might come back to bite you. That being said, you do what you have to do to survive and handle the consequences later.

Quote:
Is it different than getting a lawyer? Would I have to pay for getting this appointed representative?
You shouldn't need a lawyer. There are modest court fees. Your local probate court would have forms and instructions and a fee list, possibly on its website.

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Can our tax refund be confiscated in the process of (not sure... probation?) ?
Not likely.

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If one of the vehicles to be taken away from the family, then I would rather stop making payments on it, especially knowing I'm not the one who owns the loan and title is also not in my name..
Then pick the one you want to keep, default on the other and let it go to repo.

Be careful to read your loan contracts. If they are both with the same bank or lender there may be some cross - collateralization which would put both cars at risk. It's sort of like having your credit care and your bank accounts in the same bank. The account agreements give the bank the right to take money from your accounts without notice if you default on the credit card.
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Old 02-03-2020, 10:29 PM   #16
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Default Re: Bankruptcy and death of debtor

Thanks again!
Yes, both cars have loans at the same bank. The bank have been notified that I'm willing to have titles changed under my name. But in order to have it done at the tag office, the bank needs to release liens in my husband's name and get them in my name, and they already said that they are not sure that this can be done.
Let me double check - do I go to court to appoint myself as an appointed representative or is "the appointed representative" someone else? Sorry I'm rather far from all these questions. My husband passed away suddenly and I am not very prepared.
One credit card account owner (a bank that issued a credit card) sent us a letter asking to inform them how to contact the appointed representative to see if outstanding bill could be paid out of husband's estate.

Last edited by Ellouise; 02-03-2020 at 11:24 PM.
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Old 02-04-2020, 12:14 AM   #17
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Is there any way to know if I am to lose one of the vehicles to pay off my husband's debt? If I am to lose it, then I would prefer to stop making payments now. But if not, then I would continue with payments and then sell it when the title is on my name

I just read in another thread: "tell creditors there is no estate, and probation won't be open". True?
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Old 02-04-2020, 01:18 AM   #18
Ellouise
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Default Re: Bankruptcy and death of debtor

Im sorry for so many questions.
Is it possible that probate won't even be open?
What is, again, a purpose of getting appointed representative on myself? Would I open probate by appointing myself as a representative thru court?
If I become the appointed representative, would I have any obligations to creditors (I am not speaking about financial obligations, but communication obligations)?
Would it be correct to reply to those who ask that "there is no estate" if we are in a rental house and have 2 cars that belong to a bank ?
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Old 02-04-2020, 09:58 AM   #19
adjusterjack
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Default Re: Bankruptcy and death of debtor

Sorry, but you are getting into complicated areas where your actions may or may not have unforeseeable consequences. Taking advice from the internet is no longer a good idea.
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Old 02-04-2020, 01:34 PM   #20
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I understand. However, I have no financial means to hire a lawyer at this time. I applied for SS benefits but they said it may take 2-3 months to start receiving them.
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