KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** non responsive customer believed dead / ISC meeting sign-up October 24, 2025 ******************************** Private meetings at ISC EAST *************************** To arrange a private meeting with K&K and staff at ISC East on November 19 or 20 please contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. We are planning half hour appointments between 10:30 and 4:30 on November 19 and 20. If you think you need more time let us know. We look forward to seeing you at ISC; meetings will be outside the hall at the food court area. ****************** non responsive customer believed dead ****************** Ken, We have a question - if we have a customer not paying for 3 months and we cannot get in touch with them and suspect they have died, what do we do? Please keep anonymous. Kind regards, anon ********************* Response ********************* Your contract, assuming a Standard Form Agreement, in this case the Residential All in One, permits termination if there is a failure of payment, which you report having. You can call the breach of contract, terminate service and seek recovery of what's owed and 80% of the balance of the contract, plus legal. You will find out soon enough if the customer is alive. If not there may be an Estate, in which event the Estate is responsible for the contract obligation [except a medical alert contract]. You need to be careful because you should not continue servicing a customer with no contract, and if your customer is dead or moved the new occupant is not your customer. It's not likely that the account pays enough to warrant you doing or causing a legal investigation to find out if the customer has died and filed a probate proceeding, though that is certainly available. it may surprise you to know that death does not terminate a contract obligation unless provided for in the contract or by statute. As mentioned, medical alert contracts are normally required to terminate on certain illness or death. This advice applies to a husband and wife when only a deceased spouse signs the contract. You need the surviving spouse to sign the existing or, even better, a new contract. ********************* STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
