Dad's assisted living facility wants to be paid after my father passed away because of a 30 day notice clause. Do I have to pay the bill?

The estate may have to pay the bill. You don't have to pay out of your own pocket unless you signed something that you would be responsible for the bill. It seems sad that a facility goes after money from a deceased person, but the world of business has lost heart. It may be best to tell them to file a claim as a creditor against the estate during the probate period if there is any money. They may choose not to file and everything will be legal. POA ends at the time of death, so POA can't pay bills unless they are joint on their parent's bank account. I hope that you didn't sign anything that you would be responsible.

Read the rental agreement carefully to make sure that the 30-day notice applies in the case of the death of the resident. I believe that in both facilities my mother has been in, the notice requirement does not apply in the case of a death. Rent is only due until the room is cleaned out.

My understanding is that 30 days notice always applies. It is a business, part of it is keeping units occupied. It is not a simple matter of cleaning out the room. It need thorough cleaning, carpet, New paint, scrubbing bathroom and maybe even replacing the carpet just to get it ready to show.

Gladimhere - I looked at the Residency Agreement from my mother's first placement, at Windsor Place of Wilmington, MA. As I thought, the Agreement terminates at the death of the resident, unless otherwise terminated. "In the case where the deceased Resident was the sole occupant of the apartment, the obligation to pay monthly charges as provided in this Agreement will continue until the Apartment has been vacated ... and the keys have been returned ..." As I wrote before, the OP should carefully read the rental agreement, as the 30-day notice requirement to terminate the Agreement voluntarily MIGHT be superseded by a Termination by Death clause.

I checked the typical case when a tenant dies when there is a 30-day notice required. The estate does owe the money in the usual case, unfortunately. The notification of death begins the 30-day notice period. So what the leasing agent wrote may be true in this instance. They, however, will have to get the money from the estate and not from the children. The AL facility would need to go through the normal procedure for creditors and put a claim on the estate.

The facility bill should be a debt against the estate of the deceased. When probate is opened, there will be a required Notice to Creditors placed in the newspaper which states the PC # and atty name & address to send the claim to. Also creditors can file a claim at the courthouse as well. Its pretty well on them to file claim against the estate. Some utility, cell & CC companies have Attys of record or debt recovery co. who scan SS death registry & probate filings & file claims at courthouse routinely. They have runners who file bundles of claims at courthouse. A solo creditor with an unsecured claim isn't likely to want to spend the $ to hire an atty or pay a % to recovery co to do a claim filing and then do the follow up if executor asks for documentation.

I've been executor now 3 times & found most do not file a claim or respond to executor within the required by probate law timeframe. Family / heirs waits a period of time & then closes out probate as per terms of the will when it makes sense to do so.