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Old 08-14-2011, 09:43 PM   #21
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Originally Posted by youbet
Proceed with the probate at the six month point. But, be absolutely sure (emphasize it in a special note) that the court is aware that money is owed the rehab center but that the rehab center has not submitted an amount for payment. Let the court decide how to proceed from there. If the court decides that the rehab center has missed its deadline and need not be paid, obey.
And be prepared to submit documentation to that effect.

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Old 08-14-2011, 10:44 PM   #22
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Were going through this right now. Probate is the process. We have informed verbally all the creditors and payees we know of and in a week or so all the official letters will go out. Only one has taken the opportunity to do anything about billing the estate even though most have known since April.

Tough luck! The law is the law and there are plenty of opportunities for them to submit bills. If they do not, the laws says they don't get paid. Would they cancel the bill if you ran out of money and you and the heirs had nothing left? I doubt it, so why pay them if they fail to simply submit a bill?

And really that's you should have a lawyer. To insure the process is follows and documented correctly so it is easy for a judge to determine due diligence was done.

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Old 08-15-2011, 04:19 AM   #23
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Originally Posted by donheff View Post
You may be correct. But if they have been properly notified and fail to take action they clearly don't care enough to take care of business. The laughter from the staffer speaks volumes about the company. The laughter is probably closer to disdain for their poorly run organization.
Don't get me wrong... that was very poor behavior and could not have been how the company wanted to represent their orgranization.

My point... if that business has a bad employee... it is not a good reason to not pay them. Chances are someone is likely to come looking for their money anyway. I have to believe they have an billing and accounting department that follows up on that sort of thing.

I would notify them with a registered letter... I would have the attorney do it and retain it in the files... and move on with the process.

That way if the issue ever comes up after it is done, I could prove I was making reasonable efforts to complete the job.

Just from a practical POV..

One thing the executor (usually) tries to do is to close it up as quickly as possible. But everything has to be accounted for to the court. Bills that show up late just cause everyone more hassle.. documents that account for every penny have to be changed, reviewed again.... even down to interest accrued on accounts.

If I were the executor... I would want to get the bill settled. Because if there are any problems... I am the one that will have to deal with it!!!
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Old 08-15-2011, 04:29 AM   #24
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+10 Gumby.

One of the nice things about this forum are there actual experts about certain subjects.
Except of course investing and bacon
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Old 08-15-2011, 12:46 PM   #25
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I agree that a certified letter is good for starters and then see what happens. Also, you could discuss with the heirs, the possibility of setting up an escroe account to pay the assisted living facility at a later date. Any monies remaining after that payment would be divided among the heirs. This may allow you to proceed with the distribution of the estate.
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Old 08-15-2011, 12:51 PM   #26
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(a) I want Gumby to be my executor.

(b) Is it possible a contract for the nursing home or any other contract could have a clause that the contract isn't subject to the probate time limits? Just curious.
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Old 08-15-2011, 01:28 PM   #27
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Thanks you for your responses.

The estate is in probate and has an attorney, so it is not likely to find itself in non-compliance. My guess is the billing agent at the rehab facility laughed because their customer billing is subsequent to Medicare, that is probably still in process and can take a while. Not sarcastic, not appropriate for the occasion, but also not our problem. Knowing the individuals involved, I do not believe the heirs will be critical of any choice made as long as the law is followed, and they will probably not even be aware of this situation or have any desire to get involved.

Reasonable people can disagree on which choice is better. The law is clear and precise, and as Gumby pointed out so eloquently, indicates what the executor must do. I sent my brother a link to this page for him to browse. If he forwards me any additional questions I’ll post.

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