No Estate, Nursing Home Trying To Collect

[indiana mom]

Hello,

I am a resident of Indiana. My mom was in a nursing home under Medicaid for about 18 months. She died in April of this year. She had no estate except for two life insurance plans.

Before entering the nursing home she lived with me in my own home for 7 years. I am the only child. I was her POA. My mom's only income was social security.

After entering the home, I closed my mom's bank account and paid the nursing home the money and showed them the receipt from the bank. My mom never had more than a few hundred dollars so we are not talking about much. I also had her SS check sent directly to the nursing home.

On advise from Medicaid I cashed in her two very modest life insurance plans and bought a pre-paid funeral plan. That money was not even enough for the most modest funeral, so the balance was paid out of my mom's monthly SS check, which was deposited directly to the nursing home.

Now I have received a letter from a collection agency naming me as the Responsible Party for my mom. It demands that I send $4300 to the nursing home because "As responsible party, you may still control funds or property owned by (mom's name)".

My question is this---what do I need to present as proof there is no property and no funds? Do I need a lawyer? And the (stupid) question---can they make me pay it out of my own money?

Thanks.

[aaron]

If all they are asking is for additional assurance that your mother had no money in her estate, reply and remind them that she did not.

[indiana mom]

I think they are trying to collect the money.

Notice of Debt (naming me as the responsible party for my deceased mother)

You are hereby notified of the following described debt: (shows amount I mentioned in previous post and names the nursing home as the creditor).

Lists the usual---reply within 30 days, bla, bla, bla.

Then they say if I dispute the bill they will mail me the proof.

Today I received the itemized bill from the nursing home. The envelope is addressed to me but the bill has my mom's name on it. So they are hoping I will pay it??

[aaron]

If you signed a contract stating that you would be responsible for your mother's unpaid bills, they can hold you to that contract. If that's what they're claiming, ask them to produce a copy.

[lwpat]

If the nursing home was collecting Medicaid it is possible they cannot collect from you even if you did sign as the responsible party. Send them a certified letter stating that there is no money left in the estate. They can take you to court but that usually doesn't happen for 4300. What is more likely is that they will try to ruin your credit by putting it on your credit report. Then you can sue them.