QUESTION
Is my mom liable for the bill or my dad's estate?
Asked on Jun 04th, 2013 on Estate Planning - Colorado
More details to this question:
My father passed away last week. He had no medical insurance and incurred a hospital bill of 40k. Is my mom liable for the bill or his estate? She is worried that they will put a lean on the house or assets. Should she transfer the title of the house to her name?
14 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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She should transfer the title of the house to her name if it was held jointly with her. If the house was only in your father's name, a probate estate will need to be opened and the medical bills will need to be paid from that estate. Your mom is not responsible for the medical bill unless she sign to be responsible for your father's medical bills with the doctor/hospital. The medical bills should be paid out of his probate estate, which is any asset that was in his name alone or had no beneficiary designation that needs to be administered through the probate court.
Answered on Jun 11th, 2013 at 12:17 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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If your father was receiving Medi-cal or some other government assistance, then the Medi-cal California dept. of Health organization is entitled to recover from your father's share of the house; the authorities will not ask your mother to leave; she is entitled her one half of the house value; the hospital may put a lien on the house. A transfer of the house to someone else will not avoid the lien as to father's share of the house. You should obtain the assistance of a lawyer experienced in Medi-cal-liens to negotiate with the hospital to not attempt to collect the debt/waive their claim to a lien.
Answered on Jun 05th, 2013 at 8:08 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If the house was titled jointly, then it is already in her name. Whether she is responsible depends on whether she signed agreeing to be responsible. Otherwise, the debt belongs to your father's estate, if there is one. If there IS an estate, then there is a moral obligation to pay, since this was for a legitimate expense. (The estate is also legally obligated to pay, if there are sufficient assets.)
Answered on Jun 05th, 2013 at 8:08 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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It depends on how the assets were titled. In Michigan she also has an exempt property allowance, a homestead allowance and a spousal allowance. She should contact an attorney for advice.
Answered on Jun 05th, 2013 at 8:07 PM
Thomas Edward Gates
His estate is liable. But, his estate consists of one-half the house and one-half of all other communal property.
Answered on Jun 05th, 2013 at 8:07 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If house was in his name, they may lien house. His estate is responsible to pay so any asset he owned solely would need to be liquidated to pay debts/expenses.
Answered on Jun 05th, 2013 at 8:07 PM
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The estate is responsible for the bills. That said, if your father owned part of the house, that is part of his estate. A transfer of the house would be fraudulent and if the hospital wanted to, they could undo the transfer. Speak with an estate planning attorney for the best options.
Answered on Jun 05th, 2013 at 8:07 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Your father's estate is primarily liable for the bill. Your mother might be liable if your father's estate is insolvent.
Answered on Jun 05th, 2013 at 8:07 PM
Your father's estate would be liable for the medical bills. However, your mother may be impacted by them as well if she and your father owned property together or if she agreed to cover some or all of the medical expenses. Transfering the title of the house to her name at this point won't help if it was partially or entirely in your father's name at the time of his death.
Answered on Jun 05th, 2013 at 8:06 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Your mom is not liable unless she signed some type of document saying she would pay. If your dad had any social security assistance to pay the medical bills, they may place a lien on any property in his name. Changing the title on the house will not do any good, because she owned the house when the debts were incurred.
Answered on Jun 05th, 2013 at 8:06 PM
She is probably not personally liable, but the estate probably is. The debt should be listed in the probate proceeding, and it will need to be paid out of the estate's assets unless you object to it. It might be too high, so you should consider objecting to it. If the house is in joint tenancy, you need to record an affidavit terminating joint tenancy along with a copy of the death certificate.
Answered on Jun 05th, 2013 at 8:06 PM
3 Awards
I am sorry to hear of your loss. She is probably liable. A lien is a possibility but that does not mean that the home cannot be sold. If your mother conveys the property she may have made an inappropriate transfer and have much bigger issues including her own eligibility for Medicaid. Your mother needs to sit down with a qualified and experienced estate and elder law attorney to address her issues. It is not a simple question. Best of luck to her. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Jun 05th, 2013 at 8:05 PM
The person liable for ones debt is the person who created the debt OR person who agreed to pay for someone's debt. Debts do not get inherited. If your mother signed documents stating she would pay, she may then be liable for her husbands debts. As for lien on her home, Florida has homestead protection and a spouses debts do not get attached to homestead property (unless the debt is for the house). Further, Florida has creditor protection for property owned by husband and wife and if one spouse has debts those debts cannot take from property owned by husband and wife. You need to contact a lawyer to find out more as it relates to your mother's specific situation.
Answered on Jun 05th, 2013 at 8:05 PM
Your mother is responsible only if she signed a contract for the services. Otherwise your father's estate is responsible. If the property is in his estate, then it is at risk. You should have your mother visit with an attorney specializing in estate administration for further assistance.
Answered on Jun 05th, 2013 at 8:05 PM