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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88764
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Not sure what kind I need. Dad passed away with a bill

Resolved Question:

Not sure what kind I need.

Dad passed away with a bill to the nursing home. I am the executor of the estate. I inherited most of what was left. I have been trying to sell his home but no luck yet. Every month they tack on interest which has gotten it up to almost $20,000. They had originally (verbally) said they would wait, but now I'm getting calls that they are going to turn me over to the collector.

On the surface, I don't care. I ruined my credit sometime back and it isn't cleared yet, so one more bill isn't going to matter at this point. IF they want to be jerks! I will pay them when I get the money, but I don't have it. I cannot make payments since I can barely pay the minimum utility bill, insurance and taxes on his house, plus mine. I have been dipping into what savings I have to pay these bills.

Here's my questions:

1. Can they keep putting on interest.
2. Is a verbal agreement binding.
3. If they turn me over, how can they turn ME over, it isn't my debt, it's my dad's.
4. My ex brother-in-law told me it happened to him (while his mom was still alive and the judge not only gave the nursing home the $12,000 he owed, but the entire home! - CAN THEY DO THAT? How can they take more than what was owed? I'm scared now.


Please let me know asap, thanks.
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
1) Unfortunately until the loan is paid off interest keeps accruing pursuant to the mortgage agreement.

2) Under the Parol Evidence Rule, which is part of the Statute of Frauds, any verbal agreement purporting to change a written contract is invalid and any evidence of any such oral agreement cannot be introduced in court to change the terms of the written contract.

3) If the debt is still in the name of your father and is still part of the estate then as the heir you are not personally liable for that debt unless you actually have already taken property from the estate and then they could seek to hold you liable on the loan as executor for not paying the loan as one of the debts of the estate prior to making a distribution of assets. If you have not taken anything from the estate, then if they take the home, that is something that would not go on your credit as it is not in your name and SSN.

4) There is something missing to that story. Medicaid can take the house and if the home was signed over as collateral the nursing home can take it to pay the debt, but when the house is sold to pay the debt anything in excess of the debt must be given back to the heirs/estate.


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Customer: replied 2 years ago.

In my dad's case, it's complicated. The house I live in has been my home since it was built. There is a letter back in 2000 giving it to me, but it was not notarized. It stayed in the estate name to protect me. All liquid assets were paid to the nursing home over the course of 20 months that he was there. I took nothing from the estate other than my home. His home is the one I'm trying to sell. I've already reduced it $30,000. I can't go any lower. He wasn't on Medicaid - it was private pay. This nursing home did not accept Medicaid. It was one of the most expensive ones in this area. I'll have to ask my brotherinlaw about his mom - I didn't know about that.


 


In our case, there was nothing signed concerning collateral at any point in his stay. My BIL said that the judge assigned some guy to distribution and he gave it all to the nursing home and he never saw a dime of it.


 


I don't want them to take the home becuase it is worth about 5 times what is owed and that is HALF what the replacement value would be - but the market has caused us to market it at half.

Expert:  Law Educator, Esq. replied 2 years ago.
I am afraid that both houses would be part of the estate and you will have to probate both of them. If the nursing home was private pay and the home not signed over as collateral, they cannot just take the home, they will just demand payment from you and you will need to come up with some way to pay them or they can place a lien on the estate meaning you would be forced to sell off estate property to pay them or they could take the home.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88764
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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