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A year later.....

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softy515

Member
What is the name of your state (only U.S. law)? PA

It's been a long time since I posted. 2 years ago my father passed away. This forum was a huge help with dealing with the estate stuff.

It took us a year to get everything done. We did not end our relationships with each other and my siblings and I still get along.

To the point: the estate closed out over a year ago. Just now we get a bill from the trash disposal company we were using to clean up my dads estate. The bill is $500 and is for dumpsters we would have delivered. We used this company for approx. 11 dumpsters and have invoices and proof of payment for all of them. We do not have any invoices for the one they claim we owe on. The date on this invoice is may, 2012.

We are suspicious as we received every other invoice and paid it. Also because they obviously never followed up when they didn't get payment.

The bill is in the estates name. What would happen if we didn't pay it? If we pay it, me and my sister will have to pay it between us as our brother basically blew through all his inheritance.

Thanks in advance.
 


tranquility

Senior Member
The estate will get a bad credit rap.

You had the duty to turn in all invoices and pay them before the final accounting. While, technically, the bill would not go away just because it is in the estate's name, there is a problem in collecting from a defunct entity. The problem is, the bill is not of a type to disappear with the closing of the estate. Otherwise, no one would do work for an estate unless they got paid up front. Would they sue to collect the bill? Maybe. It would have some problems and, for $500, it seems they might not. But, they could. Better for you is to explain to them what you did here. Have them provide the proof including signatures, for the 11th bin. At the very least, you need to dispute it or they could win on an account stated theory. Talk to them and when you get the facts make your decision. The "estate" will not be liable for the bill, but the executor might be.
 

softy515

Member
There is no signatures.....the dumpsters would get dropped off when no one was around. The first 2 times they did this, they required a check at delivery. We would leave it stashed in a door. After that, they would just send an invoice after the dumpster was returned and weighed.

We don't have any intention to rip anyone off. It's just odd that a year later there is a missing payment. But that I imagine goes into consumer rights sort of law, not estate stuff.

If ever I have to settle an estate, I will record each and everything that happens. We thought we were keeping great records but in all honestly have no way to prove this missing payment. Maybe they sent the invoice and it got lost. Why they didn't follow up, I'll never know.
 

Zigner

Senior Member, Non-Attorney
There is no signatures.....the dumpsters would get dropped off when no one was around. The first 2 times they did this, they required a check at delivery. We would leave it stashed in a door. After that, they would just send an invoice after the dumpster was returned and weighed.

We don't have any intention to rip anyone off. It's just odd that a year later there is a missing payment. But that I imagine goes into consumer rights sort of law, not estate stuff.
The reason it gets in to "estate stuff" is that the "consumer" is the estate.

If ever I have to settle an estate, I will record each and everything that happens. We thought we were keeping great records but in all honestly have no way to prove this missing payment. Maybe they sent the invoice and it got lost. Why they didn't follow up, I'll never know.


ETA: Actually, they are following up.
 

LdiJ

Senior Member
The reason it gets in to "estate stuff" is that the "consumer" is the estate.





ETA: Actually, they are following up.
Its really odd though that it took them a year to follow up. Companies who provide dumpsters are usually faster on the mark than that. Why? Because a number of the people who use them are in somewhat transient type situations like this one, and they know that if they do not collect quickly, that they may not be able to collect at all.

All in all this is unusual enough that it very well could be a mistake on the part of the company.
 

Zigner

Senior Member, Non-Attorney
Its really odd though that it took them a year to follow up. Companies who provide dumpsters are usually faster on the mark than that. Why? Because a number of the people who use them are in somewhat transient type situations like this one, and they know that if they do not collect quickly, that they may not be able to collect at all.

All in all this is unusual enough that it very well could be a mistake on the part of the company.
Yes, I agree, it fell through the cracks
 

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