Legal Question in Wills and Trusts in Illinois
Daughter of homeless father needs help!
Homeless father placed in nursing home paid by public aid. He passed away, but since the nursing home has ''my'' name, phone number and address, they are demanding that I pay the portion of the nursing home bill in which public aid did not cover. No power of attorney signed, which was explained to them several times! His last SS check was split between 5 children and this was put towards the burial (also covered by public aid) - the SS money was used for ''our'' portion of the burial as required (we still had to come up with money out of our pockets because the SS was not enough). How can I get this issue resolved and get them to stop sending me threatening letters & phone calls? 9 months has gone by and the nursing home will not give up.
1 Answer from Attorneys
Re: Daughter of homeless father needs help!
You don't "owe" anything on debts of another, absent special circumstances. I am assuming that no formal probate proceeding was opened, which would require payment of your father's debts prior to any distribution to heirs. You may have a remedy under the "Fair Debt and Collection Act" which is a federal law regarding impermissable conduct regarding collections. I would also contact the Better Business Bureau, the Illinois Attorney General and any agency regulating nursing homes to complain of their illegal conduct. Our comments are based on the question you asked, and your question is being treated by us as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.
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