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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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My father passed away in January, 2007 and his estate was probated

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My father passed away in January, 2007 and his estate was probated in June, 2007 and all known debts were paid at that time. We received a bill dated January 31, 2010 which included a finance charge in November, 2009, December, 2009 and January, 2010.

When we made a call to this Praxair Healthcare Service they stated that they did not have a bookkeeper that was taking care of the billing back in 2006 and 2007. Are we liable for paying these charges that should have been billed and paid by medicare?

DearCustomer- No you are not liable and it is not your fault that this place didn't have a bookkeeper or file a legal claim with the estate. Since the estate went through probate then there was a statutory time for all creditors to file their claims. Once that time passed and the estate was closed it became too late to file a claim. Unless the creditor can show that you tried to avoid the debt in some way they have no case.


Dave Kennett

Customer: replied 7 years ago.
They said their new bookkeeper forgot to collect the deductible after medicare paid. What is the statutory time for all creditors to file their claims?

Once the estate is closed they can't file. That is why the estate is required to be open for a certain period of time (usually 6 months) before it can be closed. Their bookkeeping errors are not your responsibility.



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