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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?

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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