Q: My mother passed away in early November of last year. She was in an assisted living apartment at the time.
We vacated the apartment the 25th of Nov and turned possession over to the assisted living facility at that time. My mother and I had a joint checking account, and I removed her name from the account after her death. The assisted living facility is now sending me invoices stating that our mother owes through Feb of 2018 due to the terms her lease. Our position is that we had paid thru the end of Nov and turned over the apartment to them, and have no further obligation. My mother is the only person who signed the lease agreement. Is this correct?
A:
Assuming you are right in that ONLY your mother signed the lease and you didn't guarantee it in any way, then yes, they could TRY to go after her estate, but if there was nothing in her name alone at the time of her passing, there are no estate assets for them to attach.
Look carefully at that lease -- MOST talk about what happens if there is a death. Most end the lease at that point, and particularly if you vacated and turned over the keys the facility is really stretching.
To be on the 'safe' side I'd not just 'take her name off' the account. I'd close it and move the money elsewhere. It sounds like the facility may be silly about this and I wouldn't want them to be able to try to attack that account because your mom's name USED to be on it.
If this becomes a real issue, I'd urge you to consult with a local attorney. A letter from an attorney may be sufficient to quash this before it gets out of hand.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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