What would you do about paying the assisted living facility in this situation?

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My mother had a stroke early in the morning on February 1. On Feb. 3 the ALF and I were told the stroke was confirmed and she would not be able to return to the ALF. I went to talk to the ALF director to see what was needed from me. She replied, "I'm not sure. I never had this situation before". The billing supervisor said "Don't worry. We will pro-rate this". On Feb. 11 my mother was moved to a skilled nursing facility. Three days later she died from a massive stroke. The ALF tried to bill me for the entire month of February. I reminded them to pro-rate and they counted 11 days since we had not moved ALL of mom's furniture out until Feb. 11. They are even counting 11 days worth of medication assistance, toileting / hygiene assistance. Even though the ALF has over a dozen beds empty and did not need my mom's space, "I should've known" to empty the room on the 3rd. [I was a little busy at the hospital anyway]. I'm really sort of mad about this and as well, my mom entered the hospital with a raging urinary tract infection. Total month bill $2,600.00. Their "pro-rated" bill $700.00 for being in the building for 8 hours during the month of February. Don't they realize there is no income coming in for my mom now? Any advice?

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Send them a certified letter with the return registered card (the green card) - both done at USPO and under $ 8.00 for the combo.

In the letter (1 page) keep it brief.....state something like:
Mary Jane Smith passed away on 2/15/16. As such, any & all bills, invoices or other debts are &/or will become debts of her estate. I anticipate that probate will be opened sometime within the timeframe allowed by law by the state of whatever with a Notice to creditors done as per state law.

Do NOT physically sign it but type in your name as Sally Smith Jones as former DPOA of Mary Jane Smith.

That's it, keep it short & simple and send it certified with the green card.

They can continue to try to hound you to pay but not your problema.....

Keep the letter on file in your computer as you may need to do & send out more of these missives! Really for about $ 8.00 it's the cheapest legal around. Get a little binder going for the return signed off green cards too. It clearly establishes your fiduciary duty but without committing you to anything specific. Comprende?

Oh about doing probate, there will be specifics as to how final expenses are paid (like in what order and if the amount is capped) and if there is a statute of limitations as to claims against the estate. Don't feel pressed to open probate - I'm not trying to make you feel that - states allow for time anywhere from 6 mos to 4 years to even present letters testamentary. Good luck.
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Check the contract. Most in my area state that 30 days written notice are required prior to moving. That is regardless of the cause whether it be death or moving. They also need time to paint and clean prior to the next resident regardless of whether there are other rooms available or not. Another consideration, most assisted living facilities here do not require damage deposits but there usually is some that a portion of the monthly rent will pay for. You are fortunate that you were given credit for even part of the month.

I am very sorry for your loss.
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Dko, im so sorry for the loss of your mom!

Remember first and foremost that they are billing your mom, or mom's estate, not you. Unless you signed papers making you responsible for this bill, you are in no way on the hook for it.

ALFs bill the way hotels do. They charge for the room no matter what the census.
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