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Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Family Law
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my mother went into a nursing home which I signed all papers

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my mother went into a nursing home which I signed all papers to admit her. I was responsible to paying them with her Soc. Sec. and pension checks in a timely manner, when due, which I became deliquent. Eventually monthly NH rent was paid ( medicaid paid majority). The NH lawyer took me to court to appoint a conservator, as I nor anyone else was power of attorney, to better handle my mothers money. At that time my mother had no assests---no house, no car, no stocks etc, no monies put away. The conservator was looking for monies as the accounts she had had been depleted. For one year he searched and requested old bank records, statements of where checks went , who cashed them and at what bank. etc., etc. He petitioned the court for me to get doucuments dating back 2 years ago, which I did not have or could not obtain. Again, he was looking for hidden monies that just weren't there. My mother has passed. I received a bill for over $3000 for his services. Am I liable for this bill?
Submitted: 4 years ago.
Category: Family Law
Expert:  Thoreau (T-USA) replied 4 years ago.

Disclaimer

By reading further, you agree to and understand the following:
Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party.
The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible.

_____________________________________

Answer:


The next of kin is not typically responsible for a conservator's bill.

Rather, the estate of the person who the conservator was hired to protect would be responsible for such a bill. If the conservator persists with this matter, you may wish to hire an attorney to discuss the matter with the conservator and to defend you in a lawsuit, should the conservator file one. However, typically, next of kin is not responsible for the debts of the deceased unless the next of kin receives or distributes the estate of the deceased, in which case such debts should usually be paid out of the estate.


If you do not feel that this answer fully responds to your question, please ask a follow-up question and I will be happy to elaborate. Please remember that we cannot provide legal advice/services through JustAnswer.

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You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:
http://www.abanet.org/legalservices/lris/directory/

Thoreau (T-USA), Lawyer
Category: Family Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 5 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
For what reasons would a conservator insist and show cause for me to pay this bill? Would it be wrong for me to feel that this bill was incured because the conservator was looking into matters that simply did not exist? Also Medicaid allowed my mother to retain $60 a month, from her income, for personal items/expenses that she might need while in the NH. That $60 was put into an account that I should have spent but instead used my own money and then reimbursed myself. When the conservator took over he demanded I give him that money and close the account which I did although it was my money (joint account). I don't know where that money went to or why I had to do this.For my mother not having any money this is costing me a lot to settle unnessary inquires !
Expert:  Thoreau (T-USA) replied 4 years ago.

Disclaimer

By reading further, you agree to and understand the following:
Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party.
The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible.

_____________________________________

Answer:


A conservator might send a bill to the next of kin of the deceased if the conservator believes the next of kin controls the deceased's estate and that money might be in the deceased's estate.

If you believe the conservator is looking into matters that did not exist, you should discuss this with your attorney and have him draft the appropriate letter to the conservator explaining your lack of liability.

Regarding the account and Medicaid, the confusion probably arose due to comingling of your personal assets with your mother's assets. At the time, it may have been possible to explain ot the conservator that the money located there was not hers and that she was on the account so that she could easily access your money if necessary.


It may be possible for the conservator to file suit against you for the sum, if the conservator believes that you are withholding money that belonged in the estate. It would be wise to let an attorney take over negotiations with the conservator.

If you do not feel that this answer fully responds to your question, please ask a follow-up question and I will be happy to elaborate. Please remember that we cannot provide legal advice/services through JustAnswer.

Please click the green
Accept Button for each and every answer and please remember to leave Positive Feedback. Doing so ensures I will receive credit for my time and my effort spent answering your question. Bonuses are greatly appreciated.

When leaving Feedback, please remember that Feedback is left for me as an answerer, rather than the content of the answer. While I enjoy to providing customers with the answers they want to hear, doing so is not always possible.


You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:
http://www.abanet.org/legalservices/lris/directory/

Customer: replied 4 years ago.

The small $700 account was money of my mothers. I was on the account to access the money for HER when she needed personal items in the NH.

If the conservator would sue me for his fees because he BELIEVES that there is money in the estate how can a judge force me to pay for that reason?

Expert:  Thoreau (T-USA) replied 4 years ago.

Disclaimer

By reading further, you agree to and understand the following:
Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party.
The following information is provided for the purpose of encouraging you to seek, in person, the counsel of an attorney who is licensed to practice law in your particular state. It is essential to consult such an attorney as soon as possible.

_____________________________________

Answer:


If the money belonged to your mother, it was probable appropriate to turn it over to the conservator. A conservator, once appointed, becomes responsible for the assets of the ward. Therefore, such assets should normally be placed in the conservator's care so that the conservator can stand in the ward's place for such matters.

A judge would not order payment simply because a plaintiff believes he is owed money. A plaintiff must show, by a preponderance of the evidence (about 51%) that the party owes him money. In other words, the burden would be on the conservator to show that you were responsible for payment.

I still believe it would be wise to hire an attorney to negotiate with the conservator. If the conservator sues you, you will want an attorney to defend you. Hiring one to negotiate with the conservator helps to ensure that you do not make statements that are contrary to your interests.

I have answered your intiial question and your follow up questions.
Please click the green Accept Button for each and every answer and please remember to leave Positive Feedback. Doing so ensures I will receive credit for my time and my effort spent answering your question. Bonuses are greatly appreciated.



If you do not feel that this answer fully responds to your question, please ask a follow-up question and I will be happy to elaborate. Please remember that we cannot provide legal advice/services through JustAnswer.

When leaving Feedback, please remember that Feedback is left for me as an answerer, rather than the content of the answer. While I enjoy to providing customers with the answers they want to hear, doing so is not always possible.


You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:
http://www.abanet.org/legalservices/lris/directory/

Customer: replied 4 years ago.
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