Complain about a product or service

Hopedale Gardens

Hopedale, MA

Ann of Milford MA (4/2/04):
My grandmother was in an assisted-living place. She signed a contract which stated she needed to give 60 days notice to break the contract. She became ill and was unable to care for herself and has since passed away. My family was unable to give 60 days notice due to the quick onset of her failing health.

Hopedale Gardens is still holding my family to the 60 days notice. We have been told we must pay for the month of April 2004 and we buried my grandmother March 19, 2004. Is a contract like this legal? It seems pretty heartless to me? Is she supposed to pay from the grave!

Death erases all obligations. Ann's grandmother is not obligated to pay for anything -- and neither is Ann, unless she was a co-signer or guarantor on her grandmother's lease. Of course, if Ann's grandmother left an estate, the assisted living center could seek payment from the estate. In most cases, however, death signals an immediate end to all contractural obligations. In any event, neither Ann nor her family should pay one cent to any of her grandmother's creditors unless advised to do so by their attorney.

Update:
A reader, Joann, took exception to our comment:

I thought the following would be helpful to your Consumer Affairs readers to be informed about. It's a quick trap that anyone can easily fall into.

In 1978, I had a similar family situation. I was contacted by phone by a collection agency shortly after an immediate family member's death who had unpaid debt. Because of the insistence of the collection agency representative and his attitude on the phone, after this phone conversation, I contacted an attorney and was informed by the attorney that death does not end all contractual obligations IF AT ANY POINT IN THE PHONE CONVERSATION I WOULD HAVE PROMISED OR EVEN SLIGHTLY SUGGESTED THAT I WOULD PAY THE DECEASED'S DEBT.

This would be an easy trap for a bereaved family member to quickly fall into. You may wish to inform your readers of this crack in the wall regarding debt collection ... the collection agencies sure know about it and use it to their advantage against UNSUSPECTING family members.

We're not certain we agree with JoAnn's interpretation but it's good advice anyway.

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