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This Week's Question

October 3, 2005

By Nena Groskind

 

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Q:  I’m not sure whether my question involves ethics or law, but here goes. When my uncle died three years ago, I inherited his house. It was a wonderful gift, because I have a large family, a small bank account, and few prospects of being able to purchase a house on my own. I discovered recently that, some time before he died, my uncle apparently had some work done on the house. The contractor he hired forgot to send a bill, so it didn’t show up during the estate settlement period, and has never been paid. The contractor contacted me recently and asked me to take care of the debt. My question is, am I legally required to do so? It’s true I now own the house, but I did not contract for the work and would not have had that been my decision to make at the time. I don’t think he can sue me for paying a bill I did not incur-- or can he? On the other hand, my uncle was a stand up guy and there is no question that, were he alive today, he’d pay this bill, no questions asked. So maybe I have a moral obligation, as his heir, to handle this situation as he would. As you probably can tell, I’m confused. What do you suggest?

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A:  The legal issue is fairly straightforward. You would have a legal obligation to pay this bill if the contractor had filed a lien that was in place when you took possession of the property. But this contractor didn’t even send a bill, let alone file a lien, so he doesn’t have much of a legal basis for demanding payment from you. The ethical question is a bit fuzzier, as ethical questions tend to be. And that’s not a discussion you should have with me; it’s strictly between you and the reflection you see every morning in your mirror.

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