QUESTION
Who is responsible for a parent's medical bills once she dies?
Asked on Mar 17th, 2013 on Estate Planning - California
More details to this question:
If a parent spends many years in a nursing home and accrues high medical bills, who is responsible for those bills once they are deceased? She owns a house but owes twice as much as it's worth and has nothing of value.
19 ANSWERS
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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The estate is liable for the debts of the decedent, unless someone else guaranteed the debts or was a co-debtor. If the estate has more debts than assets, some creditors will simply not get paid. You should open a probate of the estate and publish notice to the creditors; this gives them 90 days to assert their claim against the estate or they lose it forever. Then you can respond to the individual creditors who file claims and let them know if there are or aren't assets to pay the claims.
Answered on Mar 21st, 2013 at 2:11 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Generally speaking, her estate would be responsible for her medical bills after her death. You should retain counsel to advise you. If your mother received state assistance in the form of medicaid the state may require her estate to pay it back prior to closing the estate.
Answered on Mar 19th, 2013 at 7:55 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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Her estate would be responsible for those bills. If there is no estate, the bills may not be paid.
Answered on Mar 19th, 2013 at 3:47 PM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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The estate is responsible for the bills. the house may need to be sold to cover costs but once the resources of the estate are exhausted the liability ends. There is a very ordered way to handle the debts through the probate code. I would recommend getting with an attorney who can assist. The attorneys costs are paid before the medical bills so you won't have to pay out of pocket.
Answered on Mar 19th, 2013 at 4:47 AM
Unless you agreed to be responsible for the bill, you are not responsible. If you decide to probate her estate, you should add the nursing home and other medical bills to the list of creditors. If not, no one will pay them.
Answered on Mar 18th, 2013 at 9:34 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Nobody.. only the estate is responsible..The house should be offered back to the mortgage company Everything else should be sold and first adminstrative expenses be paid.. including the cost of the funeral..then the creditors get everything else.
Answered on Mar 18th, 2013 at 9:22 PM
The decedent's assets will be distributed to creditors first, including nursing home and medical bills, and any remainder will go to the heirs. If there is not enough in the estate to pay off all of the bills, they are paid in the order of priority and it is possible that some creditors will not get paid. If the parent, prior to death, is 65 or older or determined to be disabled by the Social Security Administration, Medicare or Medicaid should be covering much of those expenses during the person's lifetime.
Answered on Mar 18th, 2013 at 9:04 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No one, except her estate.
Answered on Mar 18th, 2013 at 2:40 PM
Thomas Edward Gates
The estate is responsible for any debts; not other family members. Do not make any payments from your funds on her behalf.
Answered on Mar 18th, 2013 at 2:38 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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The state will probably make a claim against the decedent's estate for Medicaid payments. Children are not personally liable for a deceased parents' debts.
Answered on Mar 18th, 2013 at 2:38 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If she did not own any assets then the bills can't be paid. A creditor cannot come after you unless you signed as responsible on the debt.
Answered on Mar 18th, 2013 at 2:37 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Her estate is responsible for the bills; if her estate has nothing, then the creditors lose (unless someone else gave a guaranty for the medical costs, or agreed somehow to be responsible). This sounds like a situation where Medicaid would have been involved; the state's claim for Medicaid reimbursement is against her estate.
Answered on Mar 18th, 2013 at 2:37 PM
The estate of the decedent is responsible for those bills and charges unless someone else co-signed or guaranteed the charges. One issue to watch is the emerging trend in certain states to pass the responsibility for those type of expenses to family members. You should visit with an attorney in your state who specializes in elder law matters.
Answered on Mar 18th, 2013 at 2:36 PM
In general you are not responsible for your parent's medical bills after death unless you agreed to be personally responsible by co-signing or guaranteeing the debt, your mother was your legal dependent. However, because there may be other circumstances not included in your question, please check with an attorney.
Answered on Mar 18th, 2013 at 2:36 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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Unless someone co-signed on the bill, the parent's estate is liable. If there is not enough in the estate to cover the bills, the personal representative/executor will need to divide up the assets available to pay as much of each creditor's bill as possible. The children do not have to pay from their assets unless they have signed that they will on admittance.
Answered on Mar 18th, 2013 at 2:35 PM
Often family members are asked to sign a personal guaranty of nursing home payments when their parent is admitted. If you signed a personal guaranty, then you are liable. If you did not then you are not liable. Often the nursing home will settle for less if someone in the family will take responsibility for selling the house and giving most of it to the nursing home. The family gets to keep some and the nursing sometimes gets more that way.
Answered on Mar 18th, 2013 at 2:35 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The "estate" is responsible for these bills. Likely, the house is what they would try to collect against, but if there is no equity there, then the State may be out of luck, as well as any other creditors. There is no duty on the part of anyone, to file a probate estate, especially when there are no assets worth probating.
Answered on Mar 18th, 2013 at 2:34 PM
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Her estate is responsible for the bills but it sounds like she has no estate so they will not get paid.
Answered on Mar 18th, 2013 at 2:34 PM
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Assuming no one guaranteed her payments to eh nursing home, Medicaid will receive a lien on her home and will be paid from the assets that remain in her estate. If there are no assets then they are no paid. If the family wants to keep family heirlooms, they should be appraised and purchased from the Estate, since the creditors' claims are superior to any heirs.
Answered on Mar 18th, 2013 at 2:34 PM