Should i still be paying an orthonist after he has passed away

UPDATED: Sep 30, 2022

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Should i still be paying an orthonist after he has passed away

I lived with my sister in law and she got me
braces, at that time i was 17. I moved out and
started making my own payments by 18 but the
orthonist never made a plan with me. He
recently passed away and now there is an
assistans taking care of my teeth but she took
my braces off and my teeth are not fixed, she
gave a retainer and i happened to lose it now
she wants to charge me 160 dollrs for the
retainener plus im still doing payment on my
braces. Is this legal? Should i be worried?

Asked on August 24, 2016 under Business Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You most likely have to pay:
1) If the practice were a corporation or LLC of some type and that corporation or llc still exists (they do not automatically cease when an owner passes away), you still owe the practice.
2) Even if the practice were not an LLC or corporation, any debr owed to the orthodontist personally becomes a debt owed to his estate; the estate could sue you for the money.
3) If the assistant did work for you after the orthodontist passed away, you would clearly owe for the work she did...that work, done after the orthodontist died by a still living person, has nothing to do with his death.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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