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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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