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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23363
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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My mother died 4/15/13. We moved her from her retirement home

Resolved Question:

My mother died 4/15/13. We moved her from her retirement home by 11/15/12, after she fell and broke her arm on 9/20/12. Her rent for October was deducted, however, we did not receive a bill for any of November after repeatedly requesting a final bill. As executor of her will, I disbursed the remainder of her estate on 7/17/13. Now I have received a bill for November 2012. If I am obligated to pay this, after nearly a year, I will have to request reimbursement from her heirs. Are we legally required to pay this bill?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Have you closed the estate at this point or it it still open?
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Did you publish the notice to creditors as required in the probate process?
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Thanks
Barrister
Customer: replied 1 year ago.


Yes, as I stated in request for information, the estate was closed 7/17/13.

Expert:  Barrister replied 1 year ago.
Technically you stated: "As executor of her will, I disbursed the remainder of her estate on 7/17/13." That doesn't necessarily mean that you closed the estate. An executor can disburse funds and still have the estate open...
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But regardless, as long as you published the required notice to creditors when you began administration of the estate, that starts the four month clock on "creditor claims". Once this four month period expires, if creditors haven't presented their claims against the estate, then they are barred from doing so forever.
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So the fact that the creditor claims period has run as well as you having formally closed the estate would be a permanent bar on the creditor pursuing payment now.
.
.
Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23363
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

By publishing the required notice, I'm not sure what you mean. We put in a death notice and we had requested a final bill in November 2012. Is that sufficient?

Expert:  Barrister replied 1 year ago.
Yes, that death notice is considered the notice to creditors that starts the 4 month clock for them to submit a claim against the estate. So as long as that was published, you are fine and they would have no legal claim to demand payment now.
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.
Thanks
Barrister
Customer: replied 1 year ago.


Thank you very much.

Expert:  Barrister replied 1 year ago.
You are very welcome. Glad I could help.
.
.
Thanks
Barrister

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