Collection Agencies - c card paiment - Canada

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RE: c card paiment

Postby footloose » Thu Sep 30, 2010 11:27:16 AM

From your comments, my understanding of the situation is as follows. Your late husband had a will at the time of his death and you are named the executrix in the will. You now have the responsibility of dealing with the estate including the payment of debts, the distribution of any assets to the beneficiaries named in the will and the filing of terminal personal tax returns both federally and provincially on behalf of your late husband. Because there is a restaurant with a mortgage registered against it, you are now facing a very complex situation.

I want you to IMMEDIATELY contact a lawyer who specializes in wills and estates, make an appointment with him/her and bring along all necessary legal documents including the will and the title to the restaurant with the mortgage and copies of any outstanding debts that were owing at the time of his death. You do not have the legal knowledge and exoerience to deal with this matter. If you try to deal with this on your own, you are going to get into serious trouble. Be sure to get the lawyer's name, address and telephone number. If a collection agency or any other creditor contacts you regarding outstanding debts owing by your late husband, tell them to contact your lawyer. This will allow you to devote your full attention to running the restaurant.

Good Luck and have a GREAT DAY
footloose
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RE: c card paiment

Postby germain » Thu Sep 30, 2010 08:37:53 AM

credit card balance, I am the executor of the estate. I had a will. He leave me a restaurant inc. and there is a loan on it. I am pushing hard the wheel to keep the restaurant open to be able to sale it and pay them at the sale of the restaurant. nothing under my name except a car but finance by the bank.
s dallaire
germain
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Province: PQ


RE: c card paiment

Postby footloose » Wed Sep 29, 2010 07:18:49 PM

Need more information before I can respond to your questions.

At the time of your late husband's death, who owned the debt, you or your late husband? Who is the creditor ( the party to whom the debt is owed )?.
At the time of your husband's death, did he have a will or did he die intestate ( without a will )? If he died with a will, who is the executor ( man ) or

executrix ( woman )? If he died with a will, has this will be "probated"? This means that the executor/executrix will take the will to court and have the court verify the authenticity ( that it is a valid will ) and that it is the last will and testament of the deceased. The court will then issue "Letters Probate" which then becomes the executor/executrix's authority to deal with the estate and distribute the assets according to the will. If your late husband died intestate ( without a will ), then the court will appoint an administrator ( man ) or administratrix ( woman ) to deal with the estate. I am not familiar with the Quebec judicial system and especially with their wills and estates section of the law. I am basing my comments on the law in Ontario.

I am sure that this sounds very complicated to the average person who has little or no knowledge of legal matters. I strongly suggest that if you feel that you are not able to cope with this situation that you contact a lawyer who specializes in wills and estates before proceeding further with this credit card debt.

Good Luck and have a GREAT DAY
footloose
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Posts: 654
Joined: Mon May 31, 2010 07:12:21 PM
Province: ON


c card paiment

Postby germain » Wed Sep 29, 2010 10:20:10 AM

my husband is decease since April and the collection agency was calling me yesterday to get the money for a debt on C Card of 3,000.00
I told them I have to sell the restaurant before doing anything else, working 18 hrs a day and paying employees . What can they do with that. Can they freeze bank account or add any other fee on it? Thanks for your help
s dallaire
germain
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Posts: 3
Joined: Wed Sep 29, 2010 10:09:31 AM
Province: PQ


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