Need Info on Responsibilities After Grandma Passed

Technically, any debt would need to be paid out of your grandmother's estate. If there is nothing to pay it with, then it's your grandmother's debt and your MIL is not responsible unless they are on the lease. Unless there is someone else on the lease, or in some other way legally responsible for her debt (like spouse), then it's not something that can be collected if there is no money in the estate to pay it. It can go on your grandmother's credit record, but obviously that's not going to matter.

K.,
I am taking this to my husband for some answers for you. I don't think this is correct, how can it be? Anyway, my husband works for a nursing home and has for 5 years. I can see what information I can get for you. If you want to keep this a little more personal as far as more info. just email me at ____@____.com question to you at this point is this, was the grandmother living and residing at the home for the time they are saying she owes for or was she deseased and they are trying to get money for the lease left after her passing....
T.

In order for someone to help you, they will need more information. Was there a lease? Was there some sort of rental agreement? You should probably contact an estate planning attorney, or at least ask the retirment home for a copy of any sort of rental agreement in writing with signatures of who is responsible.

S.

Your mother-in-law can only be liable for her mother's expenses if she (your mother-in-law) signed an agreement expressly agreeing to be responsible for her mother's rent at the home. Your mother-in-law should first demand to see a copy of whatever contract they are relying on as a basis of their claim - this she should do to be sure that she really did not sign it - sometimes we forget what we did in the past. If there is no signed document obligating mother-in-law for the rent, MIL should not pay.

If the deceased grandmother (G) has any assets, then someone will need to determine whether her estate will have to be administered. A probate atty should be contacted who practices regularly in the county where G lived. If G had more debts than assets, MIL should consider just walking away. If G had more assets than debts, then an atty can guide MIL through the process of filing the will for probate (if there is a will) or using another procedure for obtaining access to G's assets. Typically, one sends out notices to creditors during the course of a probate administration, and the creditor is forced to prove his claim. If the home proves their claim for 2 months of rent, then the rent will be paid from G's assets. MIL should not have to pay the rent from her own assets UNLESS MIL actually signed a guarantee of G's rent. If MIL cannot afford an attorney, she can contact the Northwest Texas Legal Aid Society for advice on how to obtain free assistance.

As long as your mother-in-law was not a co-signer, she does not owe on the lease. No one is responsible for a family member's debts unless it is their spouse (and then it is a community property debt, assuming you are in a community property state) or they have co-signed on the debt. The landlord will try to pressure the mother-in-law, but they don't have a legal ground to stand on (unless there are other facts that I'm not aware of).

Dear K.,

IF, not legally on the leaase agreement they cannot made her legally responsible. Believe me it will not stand up in court. You need to talk only to apartment owner corporate office regarding this matter. It would be a good idea to continue staying in the apartment. Rental management are very clever in what they think they can get away with if you do not no your legal rights and laws. You research the laws in your state for rental agreement. But, it is important to read and understand the rental agreement or take to a attorney to explain it to you. If, you do not have money to do so, you might want to hire someone from consultants advice from Legal Aid. But, whatever you decide
be sure of your rights. No legal agreement with her signature- your are not responsible person.
I just helped a friend in California with a similar case. The first thing you need to do to clear your grandma Credit with the management is as follows:
(1). Find your Grandma Lease agreement

(2). Locate property management in which
the lease is own by. Try in make contact by telephone first.

(3). Write property owner a formal dispute letter state why your grandma does not own payment, but if owned payment, if no excutive of estate appointed let them know you are just trying to respond to her business mail. And send them by fax Death certificate immediate. Provide them with all necessary information regarding her financial situation.

(4). Attach your Grandma Death certificate to the letter & necessary document to show financial status

(5). Let them know you are just a concern presentive of the family (member) whom would like to clear up the matter, and not the responsible party of concern. And you only want to provide them with information to closed their files.

Wait for a reply, so you will be able to take your next step in fixing this issues appropriate.
They will be glad to speak to you on this matter.
But, you do not have to obligate yourself, its is not your past due bills, its your deceased bills.
Please speak in a confident matter, so they can receive you as someone whom is just trying to help assist them. It is extremely important to let them tell what is needed, but at all cost do not tell you it's your bill or responsiblity. Collector are just doing there job, but if they become rude and unable to talk to. Just call back at another time. That is why you should write first. Remember, you do not have to do them this favor of speaking to them on your grandma's behalf to clear up this deliquent account that is still present on their record. So, you can afford to be calm, they only want to result too.

Good lucky K. K.

May God provide with the knoweledge to endure this task with easy!

S. A.

do not pay them anything. they will need to file a claim against the estate and it will be resolved during probate. Your MIL, if the executor of the will, will likely need a lawyer to sort this stuff out.

I would check with a lawyer, but I know that creditors of all kinds try anything to get their money from whomever they can. I would think that if your MIL is an executor or co-executor of her mother's estate, then there might be a case for the home to be requesting the money from the estate, and, hence, from your MIL as the executor or beneficiary.

I don't think that anyone can take inheritance from an estate before all bills are paid, but I also think that all would be handled during probate.

Maybe there is someone on mamasource who is a lawyer who could direct you better (or give you a reference to a lawyer who could help).

Good luck and I'm terribly sorry for the loss in your family.