Submission Number: 00134
Received: 11/30/2010 1:08:01 PM
Commenter: Randolph Houts
Agency: Federal Trade Commission
Initiative: Statement of Policy Regarding Communications in Connection with Collection of a Decedent’s Debt; Project No. P104806
Attachments: No Attachments
Counsel, California law provides that individuals who receive property of the decedent can be sued if the decedent has unpaid debts and no formal or legal procedure to pay debts is followed. The liability of the recipient is of course limited to the property and the creditor would have to sue the recipient personally as they have title to the asset. But imposing a gag on discussion of the debt and what assets are subject to it with such a person benefits no one and may inhibit the legitimate intentions of both sides. I suppose such a recipient could be considered "a person liable for the debt" but they really aren't. They simply must be sued because they now own the property of the decedent.