QUESTION
Who will pay for the nursing home bill if my parents are already dead?
Asked on Jun 27th, 2013 on Estate Planning - Ohio
More details to this question:
My parents passed away. They don't have a house. We have a nursing home bill of about $3,800 and a few other medical bills.
19 ANSWERS
2 Awards
If someone cosigned or guaranteed the debts, then the creditors can go after the guarantors. If there are no guarantors, then the creditors may only go after the estate assets. If there are none, then the creditors are out of luck.
Answered on Jul 25th, 2013 at 1:53 AM
Thomas Edward Gates
The estate will pay for the outstanding bills. If there is not money available to do so, the court can designate that the estate is insolvent. Do not pay for the bills personally.
Answered on Jul 25th, 2013 at 1:53 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Any assets they left would go to pay the bills, but you are not personally liable for anything in excess of their assets.
Answered on Jul 25th, 2013 at 1:53 AM
Bankruptcy Attorney serving Charleston, SC
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Davis Law Firm
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If your parents died leaving no assets, then the nursing home may be stuck with the balance or the nursing home may be able to have the bill paid from some other source. The nursing home may claim that you and/or your siblings are liable for this bill. Something may have been signed by one or more siblings making you liable for the bill, but, you will need to check with an attorney to see if you are liable for this bill. Generally, a child is not liable for the bills of a parent, but, there are exceptions to every rule. Do not be surprised if the nursing home attempts to bully you into thinking that you are liable for the bill, even if you are not. No matter what the nursing home says, do not agree to pay any part of the bill without first consulting an attorney.
Answered on Jul 25th, 2013 at 1:53 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If you are in Missouri, you should contact MoHealthnet. Tell them the situation, and they may close out the file since here are no assets.
Answered on Jul 25th, 2013 at 1:53 AM
3 Awards
Their assets are responsible, or if you received any assets from them you could be responsible.
Answered on Jul 25th, 2013 at 1:53 AM
The debts of your parents are to be paid from their estate. No other person is liable for the debts unless they took money from the estate as a beneficiary before debts were paid. If there are no monies available, the estates are insolvent, then the creditor will have to write off the debt.
Answered on Jul 25th, 2013 at 1:53 AM
These bills are potential claims against your parents' estates.
Answered on Jul 25th, 2013 at 1:53 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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All of a decedent's bills should be paid out of the estate. If the estate is insolvent, then they are paid in a statutory order of priority. Do not pay any bills of the estate until you know what the total amount is, and to whom it is due, so that you can work out the correct payments according to the statute.
Answered on Jul 25th, 2013 at 1:53 AM
The executor of each of their estates will gather all of their individual and joint assets. After insurance pays whatever bills it covers, those assets will be distributed to the remaining creditors, according to statutory priority. Any remaining debts will have to be written off by those businesses.
Answered on Jul 25th, 2013 at 1:53 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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I am assuming the nursing home bill was one of your parents. If so the estate is responsible for the debt. It depends on what kind of estate they left behind. You as a child are not responsible for their debts.
Answered on Jul 25th, 2013 at 1:53 AM
If there was a will, then the Executor should Probate the estate, gather what remaining assets there were, pay the admin costs of probate, last debts, and divide the remainder among legal heirs. The nursing home likely would have a lien on the Estate.
Answered on Jul 25th, 2013 at 1:53 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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The debts would follow with the decedent and not the surviving family unless a family member signed responsibility for the medical bills.
Answered on Jul 25th, 2013 at 1:52 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are not required as a child of deceased parents to pay the parent's bill for medical services.
Answered on Jul 25th, 2013 at 1:52 AM
2 Awards
It will likely go unpaid. You are not personally liable for your parents debts, the estate is. No estate, no payment.
Answered on Jul 25th, 2013 at 1:52 AM
The estate is responsible. If there are no assets in the estate, then they can collect nothing. The heirs do not have to pay anything. Normally lien claimants will settle for less than the total amount owed.
Answered on Jul 25th, 2013 at 1:52 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Did your parents have any other assets? To protect yourselves you may want to open an estate and allow the creditors to file claims against the estate. There would, as I understand it, be nothing with which to pay the claims but having the claims filed would be protection for the family.
Answered on Jul 25th, 2013 at 1:52 AM
If nobody personally guaranteed the nursing home bill, it is paid only from the assets of the persons who received the services.
Answered on Jul 25th, 2013 at 1:52 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You do not say if there are other estate assets. If there are, they may be subject to these claims. If there are no probate assets, then the creditor is likely out of luck.
Answered on Jul 25th, 2013 at 1:52 AM