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Question

My mother-in-law lived in the state of Georgia. She had to go to a nursing home about 4 years ago and recently passed away. Right before she went in the nursing home, we found that she had credit card & loan debt. She was living on strictly ss at the time and had not paid anything in quite some time. When we initially responded to the creditors, they were very nasty so we quit trying to talk to them. We had tried to explain that she was in a nursing home and her ss check was sent directly to the nursing home. She owned nothing else, no property, car, etc. The creditors continue to send bills to the nursing home which, in turn, send them to us. We need to know what we need to do now that she has passed away. She had about $400 left in her checking account when she went into the nursing home and that has stayed there. My husband and I spent about $1,600 for her cremation & service out of our pocket. We don't want them to start hounding us but there isn't enough to pay everyone

Submitted: 15 days and 13 hours ago.
Category: Legal
Value: $48
Status: CLOSED
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State/Country relating to Question: Georgia

Already Tried:
We tried telling the creditors at the onset that she was in a nursing home and all her money was going there. She had no other income and was on medicaid there. They were very nasty so we quit trying to deal with them. Now that she has passed away, we need to know what to do to put this to rest once and for all.

Posted by DCrane 15 days and 13 hours ago.

Answer

I'm sorry to hear about your loss. Fortunately, you are not responsible for the debts left by your mother in law unless they were joint debts (i.e. you were a co-signor or guarantor). The debts are the debts of her estate, and if her estate does not have enough money to pay those creditors, those creditors are out of luck.

15 days and 13 hours ago.

Reply

How do we respond to them now? Do we have to prove that she only has so much in her account? Do we pay all we can with what is left in her account? Do we need to provide a death certificate to each one? We don't want them to have our contact information because they harassed us before when they had it. Her and her sister also rented their house from us prior to her sister's death and prior to my mother-in-law going into the nursing home. However, because of her financial situation she was unable to pay the rent for the past 2 years. We have received what was left in her nursing home account but aren't quite sure what to do with that either.

Posted by DCrane 15 days and 13 hours ago.

Answer

actually you do not have to do anything, unless you are the executor of her estate. You do not have to use any of your personal finances to pay for your step-mothers debts. Bear in mind that the creditors simply want to be paid, no matter from whom. The money that is left in her estate should be used to pay her creditors starting with the oldest debts.

15 days and 13 hours ago.

Reply

There is no executor of her estate. She had no will nor did she have a legal guardian. Are we able to reimburse ourselves for burial expenses or do the creditors come first? Again, how do we prove to them what she has in her account? Will we have to send a copy of her bank statement and, if so, is that safe for them to have that info? How do we know which is the oldest debt? If we just ignore them, what happens? We want to do the right thing.

Posted by DCrane 15 days and 13 hours ago.

Answer

Yes, you are able to claim funeral expenses, in fact the money for the funeral should have come from the estate, and not you personally unless there was insufficient money to pay for the funeral.

 

To prove what she has in her accounts, send them copies of the statements along with a cover letter explaining that not enough funds are available to pay the debt in full. If you just ignore the debts, they will seek judgements against the estate but if the estate has no assets, the creditors have no recourse.

15 days and 13 hours ago.

Reply

There was not enough in her account to pay for the funeral so we just paid it ourselves. As stated previously, there is about $400 left in her account. We paid approximately $1,600 in funeral expenses. In addition, we received approximately $470 from the nursing home that had been in her personal account there to have her hair done, etc. The nursing home made that check out to my husband. In addition, they sent another check made out to him as well for the account where ss deposits her check. She had been in the hospital & hospice a couple of weeks prior to her death so had not been in the nursing home. Will ss ask for that back? That check was for $1,250. In addition, since she had no other income, can she receive the $250 from ss that they allow for funeral expenses?

Posted by DCrane 15 days and 12 hours ago.

Answer

SS will likely ask for their money back since it was not used prior to her passing, minus the $250 for funeral expenses. It sounds like the creditors will be without recourse here.

15 days and 12 hours ago.

Reply

Ok. Are we going to get a hassle from the creditors if we reimburse ourselves for the funeral expenses or at least take what is left in her account, $400, leaving nothing for them? Or is it our legal right to reimburse ourselves for the funeral expense?

Posted by DCrane 15 days and 12 hours ago.

Answer

It is your legal right to reimburse yourselves for the funeral expenses, the estate should have paid for the funeral to the extent it was able to do so before personal funds were used.

Edited by RHolloman on 11/6/2009 at 12:17 AM

15 days and 12 hours ago.

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Are we being billed $48 for every question we ask or just a total or $48 all of our questions/answers?

Accepted Answer

it is $48 for every time you click Accept.

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Expert: DCrane
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Answered: 11/6/2009

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