(Individual probate notice was sent and a notice was published in the newspaper)
It is 2 months since the probate period for creditors claims has passed.
I keep receiving bills from a "health care provider" . They never filled a creditors claim but keep sending regular bills.
I've called them and explained the probate situation, that the time has passed and for them to stop sending any more bills.
Is there any recourse if they continue to send bills after being told to cease and desist?
Thanks for your help
Estate Planning Attorney
If all they are doing is sending bills, I would suggest refusing delivery for the next few and see if that doesn't get their attention. If that fails to work, I would suggest sending a demand for verification of the debt under the fair debt collection practices act, and see if there is a response.
If all that fails, I would suggest simply discard the bills (but be careful to insure they are just bills!) If the creditor sues, you most likely have a good defense but if you fail to raise it because you've thrown away the lawsuit, you place yourself at risk.
I would urge you to consult with a local attorney to insure you handle this properly, however, unless and until they take things further than merely mailing a bill, I don't believe much more one your part is appropriate.
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Landlord / Tenant Lawyer
Previous poster got this just right. You are under no particular obligation to respond, so long as you have given proper notices. I had a probate once where I had a bank personally served with the Notice of Probate, just in case (I did not know whether they were a creditor, just had a hunch) and had the Notice published, and they did not contact me for two and a half years. I thoroughly enjoyed writing that letter telling them they had left it too long.
Hope this helps. Elizabeth Powell
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