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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6848
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My mother passed away in January my dad is in the nursing

Customer Question

My mother passed away in January my dad is in the nursing home he gets Medicare and Medicaid. My mother got my dad so security is spousal support. When my mother passed away in March on the check was supposed to go to the nursing home. All went to the nursing home with the exception of March that got deposited into my mother's bank account. I did not become executor of my mom's estate until June or July. Her house was foreclosed and the bank drain your bank account. So by the time I had any control of the state there was nothing to control. Now the nursing home wants marchs check I have sent every other check to them every month. My dad was abusive to me as a child I really don't have no feeling or want nothing to do with him. Now the nursing home is threatening to have me arrested for misappropriation of funds and it's exstorsion charges. They are also threatening to do adult abandonment charges which they say is a felony. A post on the sitw out of desperation because I had tried to find out attorney every way I can. Any of us would be greatly welcomed can they arrest me can they do what they say or is this just a scare tactic to get me to pay.
Submitted: 3 months ago.
Category: Estate Law
Customer: replied 3 months ago.
Also need to add I called the Sheriff's Department in the county of the nursing home and they laughed about it. Advising me to change my cell phone number to avoid harassment. Send a head-to-head with one hearing to do this and it was a highly unlikely they would do this.
Expert:  Irwin Law replied 3 months ago.

can they arrest me can they do what they say or is this just a scare tactic to get me to pay.

Not likely. This Sounds like a hardball collection tactic, and is in violation of the Federal Fair Debt Collection Practices Act (FDCPA). The Sheriff's office is correct. So now you have something you can threaten them with if they keep bothering you.

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Customer: replied 3 months ago.
should I just change my number and walk away sent them the checks and forget about it.
Expert:  Irwin Law replied 3 months ago.

You should do whatever you need to do to have the SS payments go direct to the nursing home. Then you will not need to be involved any further. As far as changing your number goes, wouldn't caller ID serve the same purpose?Knowing your phone number is ***** important. It's your mailing address that they would have to have in order to file a collection suit.

I hope that you will enter a positive rating for my assistance here by clicking on 3, 4, or 5. There is no additional cost to you. Thanks again for using JUST ANSWER

Customer: replied 3 months ago.
I just wanted to be sure I will keep number just not answer calls from them and just make sure they get Ss each month.
Customer: replied 3 months ago.
One last question and then I'll pay for you be satisfied. What happens if they do file a false police report for misappropriation of funds and have me arrested. Meaning they lie to police. Just coving all bases.
Expert:  Irwin Law replied 3 months ago.

Not to worry. The criminal justice system doesn't work that way. You can't simply call up a cop and say: "Joe stole some money from us, go arrest him.". The charging person has to first go through the local district attorney and show that a crime has been committed. That's why the Sheriff was laughing when you called about it. You may actually owe them the March payment, but they have to sue you in civil court in order to collect it. Got it?

Customer: replied 3 months ago.
Make since so there is no way they can do anything at all to me. Even if I really owed the money to then. Just worried because lady at my work. Her mother got arrested for same thing because the home lied. They filed exstorsion charges on her and they arrested her for it. So that's why the worry.
Expert:  Irwin Law replied 3 months ago.

I suspect that the woman who got arrested to a lot more than you did. Your positive rating would be appreciated at this point. Thanks for using Just Answer .

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