FROM QUORA
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I just received an overdue bill for my father who’s been deceased for almost 3 years. What should I do with it?
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I hate to play can you top this. But the hospital where my wife died, billed her two years after her death for 1.5M$. My usual lawyer was conflicted out because his firm had a partnet who represented the hospital. Because of the amount involved, I wasn’t comfortable fighting on my own. The hospital reported it to the credit agencies and my credit took a nose dive. My new lawyer requested all the bills which was about 9 inches tall. Then he asked the insurance company for their records and contract with the hospital. Turns out that the hospital failed to submit the bills to the insurance company within the one year time frame specified in the contract, The final letter from my lawyer to the hospital’s lawyer cited that, and that the estate had be completely and legally closed. (A step ignored most DIY executors! Not me, I’ve done enough for my family that I should have gone to law school.), and that they had no right to disparage my credit. If the matter was not resolved, he would be filing a big lawsuit. Needless to day, the hospital’s lawyer quickly responded: “We have reviewed the case file and it’s the interest of all the parties to deem the matter resolved.” (That annoyed me even more.) My lawyer filed that letter with the Surrogate as a settlement of “an objection to a closed estate” and included the hospital’s insurance contract so that it was available for any potential litigant to see. (Providing a roadmap for other lawyers.) It cost me about 2k$ for his fees, which I got to deduct from my income tax since I had to declare the executor’s commission as income. A slight pleasure from my victory.
There’s a proverb I’ve heard that if you hate a relative, make them your executor since estates bring out the worst in everyone. Argh! I have other estate stories but they are not as on point as this one. If you’re an executor, you can hire an attorney to advise you for a few hundred dollars. In my county the Surrogate has an easy-to-read booklet that tells you the steps to open and close an estate and why each step is necessary. And, I’ve found that the Surrogate’s staff (all gray hair old ladies who have been there for decades) are extra helpful. They also have the Bar Association list of estate lawyers — with note who will advise and who will only become an executor.
YMMV but be prepared to have some struggles. The only estates that don’t have struggles and problems are those of people who die broke.
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Posted by reinkefj 







