Legal Question in Wills and Trusts in West Virginia
Debts after death
One of my grandmother's grandchildren gained access to her calling card and used it to make over $1900 worth of calls. Some of these calls were placed from her home (she was unaware of this) and some were placed by individuals to whom the card number had been distributed. We reported this to the phone company, but they still put her account into collection. My grandmother has since passed away. Can the phone company bill her estate for these charges or should they be discharged since she is no longer living?
1 Answer from Attorneys
Re: Debts after death
The card company will have to file a sworn proof of claim against the estate. The Administrator or Executor is permitted to object to the claim and the matter will be decided by the Fiduciary Commissioner or perhaps the County Commission. It is not likley that any appearance will be made by either the collection company or the phone card company and the claim, even if made in the first place, would then be disallowed. The claim can only be made against the estate and not the heirs unless they made the calls.
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