can they come after me for my deceased father

I do not believe they can come after you -- unless you specifically took responsibility for the account -- you only need to present a death certificate ==- they will write off the account.

you are not responsiblle for your parents debts unless you are executor of the estate and there are assets involved -- if there are no remaining assets of his, then you would not be responsible.

but if you signed something saying you also took responsibility for the debt along with him, then you might be

I was named in the will as executor of the estate however Probate did not assign me because there were no assets to handle.

OK, being the executor does not make you liable for his debts. It only makes you responsible for distributing the estate. Since there was no estate, as you have said, then there's nothing more to do. You are NOT responsible to pay his debts unless you were a co-signer or co-applicant when the debt was originated. If you did not sign for responsibility of the debt when it was originated, then there's nothing they can do to force you to pay them. They can hound you for the money, but at the end of the day, you simply need to provide a copy of the death certificate. Then, if they continue to try to hound your family, each of you that they are contacting needs to send them a cease and desist letter by certified mail.

Especially since your dad marked those invoices as 'paid', I would definitely question their claims. If you wish to proceed further, you can contact the bank that your dad's account was with and ask to verify the records of his account for those months--if money was paid to them at that time, the bank record would prove it. you have to keep in mind that some of these companies are not very honest, and will go after the money regardless. Do not trust their word simply because they say so--check the bank statements. I would also recommend that you check the bank statements for 2010 and 2011, the ones you paid for that they said were unpaid. you might even find that they were indeed paid, in which case you can go after them for your money back. We're talking about a large sum of money--I would definitely be checking into this if I were you. Being that you had PoA, you should be able to access the bank records.

Check those records, and get back to us--let us know how this turns out! Especially if you catch them being dishonest.....we can help you to take the next steps to deal with them.

[COLOR=black]I thought that I was right and just want to check. You guys have always given me great advice.[/COLOR]
[COLOR=black]I think if we wanted to put the time into it we could show that they over charged Dad for many hours. My Brother would fill in when an aide needed time off & I know we didn't keep good records of that time. But I think we will just wait and see if they come back and ask for anything.[/COLOR]

Personally I would be telling them to get lost and cease and desist any and all contact with you and your brother. Sounds like they got wind of your dads passing and now trying to take advantage of any estate. You have no liability and there is no estate.

I agree -- I actuallly had a personal case like this, I was executor of my dad's estate -- he owed the irs like 75,000 --

he had no money -- no assets -- no cars - and believe me == if he did, the irs would have found it --

I just supplied them a copy of the death certificate and they closed the case --

that's the way it should work --

yes, thats the way it should work, but since you already paid them a good chunk of money for the time they claim was unpaid, I would invest a little time to at least check the bank records for the months they claim were owed. Chances are good that you paid thousands of dollars...imagine if it was not owed.....I would invest the little bit of time it would take to verify whether or not that money was actually paid already. If you look into it and your dad really did owe it, you've lost nothing....but.....if you look and find that he already paid it all, you have the proof you need to not only shut them up now, but also to demand your money back. This is a lot of money....I would definitely check into that. I'm sure it wont take long, since they sent you info on what bills were supposedly unpaid, right?

Worst case, you find it was unpaid and you can then tell them to take a hike because youre not liable for anything still owed.

So I got a letter for a lawyer stating that they represent the home health care agency. It is addressed to my Father with his address in the header but was sent via regular mail to may address.

???Dear my day:

This firm represent blablabla in connection with services provided to you pursuant to a written agreement between you and my client.

Following the signing of the services contract by you, my client has provided high quality care to you with your consent and approval without complaint of any kind. Under the terms of the contract you agreed to make full payment for all services provided.

Despite my client???s full performance of all contract conditions you have refused to make full payment for services.

Presently my client is owed the amount of $lots of money

This letter will serve as demand for immediate payment of the full outstanding balance.

Please provide my office with a response upon receipt of this letter.

Not hearing from you my client will take immediate steps to bring suit in this matter.???


At the bottom of the letter they wrote that they CC one of my brothers and myself (but not the other brother)

I will send them the DC but should I send any kind of letter with it?

That should have been
To my Dad not day

I still do not believe you are responsible for the debt, unless you signed something saying you were --

I might have another attorney call them and ask if they have something like that on the case -- if they don't -- they are just pressuring you --

i would look into legal action yourself.they know full effing well your dad is deceased.that letter is an insult and you should be insulted.

Thank you for this reply. I am not the original poster of the question,but I found your response very helpful.