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Jewish World Review Feb. 6, 2013 Need for probate hinges on property ownership; more By Bruce Williams
http://www.JewishWorldReview.com |
DEAR BRUCE: I finally relented and decided it was time to get my will drawn up. My property is all in my daughter's name. My question is, since it's in her name, will it have to go through probate when the time comes? --Reader, via email
DEAR READER: Congratulations on having your will done with an attorney. So many people want to get it over with quickly and do it online.
If the property is all in your daughter's name as you described, there is no reason the will would be filed for probate. It would be filed but not probated, since there are no assets remaining in your name. In the event that you've overlooked assets, the will is there to cover that eventuality. You've done well!
DEAR BRUCE: Several years ago, I was billed for an item that I did not order or receive. It was an error by the company; the item was charged by another family member. The company corrected its error and acknowledged that there was no debt after a lot of aggravation and phone calls.
Now, three years later, I have received a letter from a collection agency demanding payment. I have tried to contact the company and the bank it is using for its credit card, and they won't respond to any of my calls or emails. In the meantime, the collection agency is hounding me. I have tried everything I can think of and don't know what else to do. -- S.R., via email
DEAR S.R.: This is a case where telephones and emails are largely a waste of time.
I would write one -- and only one -- letter in which you briefly describe the circumstances and state that you have no intention of meeting this alleged obligation. Send the letter to the collection agency by certified mail, return receipt requested. This will give you absolute proof that your letter was delivered. Have no further contact with the agency until it gives you definitive written information about its alleged claim.
By and large, I think the agency will look at the letter, and that will be the end of that. Obviously, you are going to keep indefinitely the receipt and any information you have in your files about the alleged obligation.
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To comment or ask a question, please click here. (Questions of general interest will be answered in future columns. Owing to the volume of mail, personal replies cannot be provided.) Interested in buying or selling a house? Let Bruce Williams' "House Smart" be your guide. (Sales of the book help fund JWR).
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Arnold Ahlert | |||||||||||||
