QUESTION
My wife passed away 4 years ago and still getting bills/
Asked on Jun 22nd, 2017 on Estate Litigation - New Jersey
More details to this question:
My wife passed away 4 years ago from lung cancer. There wasn't much in her estate except her life insurance policy. And a small bank account. I paid for her funeral and a few bills that she had until the money was gone. Then I started getting letters from a Doctor stating that I owe him $ 709.00. I sent him the information and the told him the estate was gone and there was nothing left. The next thing I know I got a letter from a lawyer representing this doctor stating that I have to go to small claims court. I never heard of this doctor or seen him until I started getting bills from him. What do I do ???? Thank you.
1 ANSWER
2 Awards
There is a statute of limitations on bills and debts of an estate. Usually, any claim against an estate must be made within 9 months of the date of death. You are obviously beyond that time frame. This debt from the doctor is probably just one of many that he is trying to process and turned everything over to a debt collection attorney who did not carefully review everything before filing all of the small claims complaints. You will have to go to court and answer this claim. Bring a copy of the death certificate indicating the date of death. They will have to prove they notified you of the debt iwthin the time frame, and if they can't the case will be dismissed.
Answered on Jun 25th, 2017 at 5:23 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship