Full question:
My dad died in a care facility here in Fresno in January. We had prepaid his $5,400 monthly bill and he died 3 days later. After our repeated requests for a refund, they responded with an amount that we considered fair. Now, 5 months later, we have been billed an additional $500. They are claiming they overlooked some charges and therefore they refunded too much money. Are we obligated to pay this? If so, what is to keep them from doing this again? If it turns out that we owe them, what is the minimum dollar amount we can send them monthly?
- Category: Wills and Estates
- Date:
- State: California
Answer:
A contract is a legally enforceable agreement that requires an offer, acceptance, and consideration (an exchange of value). If one party fails to meet their obligations, it may lead to a breach of contract. In your case, the care facility's claim that they overlooked charges may indicate a breach if the refund was agreed upon.
Generally, a deceased person's debts should be settled with their estate's assets. Children do not inherit their parent's debts unless they co-signed or guaranteed the debt. In community property states, spouses may be liable for certain debts. If your father's estate has insufficient assets to cover debts, creditors may not receive payment for unsecured debts like credit cards.
If the facility insists you owe the additional $500, you may need to review any written agreements or communications regarding the refund. If you owe the amount, you can negotiate a payment plan. There is no set minimum monthly payment, but it should be manageable for you.
For further assistance, consider consulting a legal professional to understand your rights and obligations in this situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.