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My grandfather passed away 5 years ago, at the time of his death he had a large outstanding nursing home bill.
Anonymous3 views5 answers
My grandparents did not have the money and the bill went to collection. Grandmother agreed to pay $15 a month to the collection agency until it was paid. About a year ago my grandmother sold the house they lived in and put the money into a bank account, there was approx $95,000. My grandma recently died and left my mom and I all her personal property, which didn't have much value, furniture and personal effects. The 95K in the bank was left to a friend of hers. I found out about the bank account setup after grandmother died.
My mother was designated as her personal representative (not sure exactly what that all entails) My question is since my mom and I are her next of kin and my mom is her personal representative, could the collection agency come after us for the balance?
If the bill was your grandfather's alone, then even your grandmother did not have to pay it. That is why I call debt collectors parasites and try to educate people about hoe powerless they really are. If the debt was both your grandparents then when your grandmother passed that is the end. If there is an estate issue it seems you need to confer with an attorney but for now, tell the collectors to take a hike.
Listen to your lawyer.
Grant Kevin GerlemanPersonal Injury LawyerGarland, TX ·
Debts do not pass on to heirs/relatives and the first response was correct in that even your grandmother probably wasn't obligated to pay it. If your grandmother co-signed on a document to be responsible for the debt, then the collectors may have a claim against your grandmother's estate as an unsecured creditor, but that is about all they could likely do.
Unless you signed as guarantors there is no cause of action or responsibility on your part as I see it for your grandfathers bill which his Estate would have been responsible for but not his family. Confirm with local counsel.
If your grandmother signed a promissory note or other agreement obligating her in her own right to pay the $15/per month, that may be independently actionable. Your grandmother's friend, as the person who presumably has the money as this point, should seek the advise of an attorney knowledgeable about nursing home debt collection. It is understandable that the nursing home, that provided the care to your grandfather (paid the staff to take care of him, paid for the food for him to eat, the electricity and other utilities) would want to get paid if there is such a large sum of money available from which to satisfy that debt. As to you and your mother, being simply next of kin and a personal representative, likely have no exposure to pay this debt from your own funds.
On another note, I might question why your grandmother left you and your mother things of little to no value and a friend this large sum of money. Sometimes situations like that are not above board, especially when the family finds out about it only after death. Perhaps there is a relationship that explains this disposition of assets.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Probably not, but I suggest that your mother, the personal representative, speak with the probate attorney who is helping to handle your grandmother's estate.
Legal Disclaimer:
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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