Comments on: Could I have taken the gas company to court?

By: rickinnocal

rickinnocal — Thu, 24 Dec 2009 16:35:59 +0000

When your father died, all his assets and debts became his estate. The executor of his estate – the person who handled his will – should have paid all outstanding bills from the estate BEFORE distributing the assets to the heirs.

If there wasn’t enough cash in the estate to pay the bills then, technically, an asset – such as the home – should have been sold to meet the obligations.

Often, though, if an heir doesn’t want the asset sold, he may loan the estate the cash to pay the bill and then set it off against his share of the inheritance.

If the estate is settled and there simply aren’t enough assets to pay the bills, then the creditors are NOT permitted to require the heirs (who in such a case are getting nothing) to pay the debts of the deceased.

Did you inherit the home from your father, or was he a tenant? If he owned it, and you inherited, then his estate WAS liable for the bill, and one way or another it had to be paid.

Richard
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By: Hillary

Hillary — Thu, 24 Dec 2009 16:08:59 +0000

I don’t think you could have sued them, but you could have contested the amount and used your father’s estate to pay it. If you were the beneficiary or the executor of your father’s estate, then it’s on you to pay those debts. Did you actually pay it? I assume you did, so you can most likely count that as a tax-deductible expense of handling the estate. Talk to the attorney who handled your father’s will and estate (or if you don’t already have a probate lawyer, get one).
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By: Bozema

Bozema — Thu, 24 Dec 2009 15:25:59 +0000

It's a bit complicated. If you are heir to his estate and inherited the house and other property and money from him, you also may have inherited his debts. It depends on the exact circumstances of the estate. If you had merely bought the house from another party, you would not be responsible for the bill.
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By: scottclear

scottclear — Thu, 24 Dec 2009 14:39:59 +0000

His estate was responsible. Whoever was handling the winding up of the estate should have arranged to pay the bills as they came due.

His estate should also be the entity that authorized your move into the house, and collected rent from you. If you aren’t paying rent, it isn’t fair to the other heirs.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
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By: a_wood80

a_wood80 — Thu, 24 Dec 2009 14:24:59 +0000

Well, you can't sue them for not providing you a service.
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By: Blue

Blue — Thu, 24 Dec 2009 13:52:59 +0000

legally, you are. By relation you are the benificiary of his belongings, including his debt, unless there are other children or a widow. Maybe if you had "left out" you were related at the time of disconnect . .. you may still be able to fight it though, lawyer consultations are free.
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By: drusillaslittleboot

drusillaslittleboot — Thu, 24 Dec 2009 13:40:59 +0000

Well, who WAS responsible for the bill? It’s not up to the gas company to give out gas for free.

If it wasn’t you that was looking after your late father’s affairs, go track down the person who was, and hand them the $400 bill.
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