Legal Question??

I'm not an attorney nor do I play one on TV. I believe that after a patient is deceased his or her ESTATE is responsible for the bills. No one else is responsible unless they completed paperwork as a guarantor (for example, a parent would be responsible if their child died).

The estate is responsible for any medical bills left by the deceased, no different than other debts like mortgages, credit card balances, etc.

Debts would have to be settled by the estate before anything could be distributed to any beneficiaries or heirs.

As mentioned previously, an exception could be if an individual had signed a personal guarantee on a debt.

Mark

 

Edited by RedCorvette 2010-04-07 8:33 AM

I am also not an atty, but unless you signed something at the hospital where you are taking responsibility, if the person who passed away was over 18, you are not responsible, I would get them to show me the contract before I paid anything.

sorry for the loss.

Still no clear cut answer?

Mark's answer is 'generally' correct.

This user's post has been ignored.

Not 100%. Depends on how and who signed the contract.

Short answer, no, family members are not personally responsible.

As others have mentioned, many times, especially in the nursing home setting, the administrator will give you a bunch of papers to sign. Buried in the stack could be an agreement saying that if the patient cannot pay, the person signing the document will pay. This is a problem, but only for the person who signed the document, but not the rest of the family.

As others have said, once the patient dies, all debts of the deceased, including medical bills, become claims of the estate. If there's no money, then the creditors are out of luck. If there is money, then the personal representative should make sure that all claims are settled before making ANY distributions to beneficiaries.

NOTE WELL: Things like life insurance benefits that are paid directly to a beneficiary are not considered part of the estate and there is not requirement that these benefits be used to pay any debts of the decedent. However, this applies only if a beneficiary is named. Benefits paid to the estate become part of the estate.



Collection agencies lie. Don't listen to them.

PM if you have any further questions. I used to do probate.

Keep paying them?  Why were you paying them in the first place?  Did you have an agreement with the provider to pay for the deceased's care?  Is there a contract involved?  Did the deceased declare bankruptcy? 

Generally, no - creditors collect against the estate.  If YOU had an agreement to pay for the deceased's medical bill, they can still enforce that against you.

Edited by Johners 2010-04-07 4:56 PM

your estate is almost always responsible for your valid debts.  if your estate is insolvent, it is matter of state law.  Some states make spouses liable for certain bills.  if you guarantors are liable.  children are not liable in any state I am aware of.  All medical bills are dischargeable in bankruptcy however.  Oh NEVER trust anything a collection agency says, they are all lying scum and are paid to cheat you out of money you may not even owe.  If you are being harassed PM me and I can refer you to a lawyer in your state.

Note: I am only admitted in connecticut.  you should consult a lawyer.  the above is informational.  disclaimer, yada yada

Edited by jsklarz 2010-04-07 8:36 PM

Thank you to everyone for your input.  I have and will continue to pay all other debts, but hoped to be able to get out of at least the majority of the medical bills.  My wife was sick for a little over four years and as you can imagine compiled quite a large amount of medical debt.  I paid at least something towards all of them all the way threw, however some of the providers were not willing to accept small payments and sent me to collections. 

In the whole scheme of things I am not worried about my credit.  I am 31 years old and I have three small children to raise and they are my priority right now.  I don't have a ton of assets for them to take nor is there any pay out as she lost her life insurance a few years ago when she was no longer able to work.  These creditors will not leave me alone.  I am ready to completely ignore them and wait for them to take legal action to get anything further out of me.

Other than collections I still owe several hospitals and Dr's for treatment that was ongoing until her death.  What if anything can they do at this point?  File suit against me?  If so will I just get a civil subpoena to appear in court?

After several long conversations with a couple of them on the phone today I am convinced that you are all right about their lying.  They have done nothing but lie all day!

This can be emotionally tough but if you performed a service for someone and they died before paying you in full would you still be owed the money?  Answer that honestly and you have your answer.

With what I have said still active.  Most of these folks will be willing to make a deal explain the situation and see what they offer in the mean time continue to pay a little bit say 10.00 per bill per month that will show you are not trying to avoid payment.

Which is pretty much what I have done all the way through.  There is one agency that calls about four times a day and I try to negotiate it but they refuse to talk to anybody but my wife.  I have explained to the same "operator" each time that she is deceased and if they want to collect any money they will have to talk to me.  They say they will make a note in the file for a supervisor to call me back.  Then the same operator calls me about four hours later.  Each time she tells me that if I don't pay her in full she is reporting this as a refusal to pay on my wife's credit.  I am over them.  Should I pay them..yes.  Have I tried to pay..yes.   They are rediculous and call me from 7 am to 10 pm.  I am ready to change my number and forget about it.

Okay, with that explanation you are getting into harrassment and should look up the Fair Debt Collection Act. 

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

At that point, you could certainly be honest and say she no longer lives with you, you have no way of getting in touch with her, and that if they are viewing the debt as hers and not open to negotiate it with you, you will not accept their phone calls, and will refer them to your state's office for consumer protection as this is, as COSki says, now harrassment.  You have tried in good faith to negotiate the payment terms but they are not willing to talk to you, just the wife?  Sounds like harrasment to me.

The question isn't IF the debt is owed because it is. The question is WHO is responsible for paying? The answer is the estate. Period. If the estate has insufficient funds, then the creditor is out of luck. If the family wishes to contribute and pay the creditor for whatever reason (the doctor was a family friend, they feel morally obligated to pay), that's fine. But there is no LEGAL obligation for the family to make payment.