Paying medical bills for deceased parent
Answered by:
ContractsCounsel verified
Paying medical bills and estate questions
My father recently passed away and during his hospital stay he had a period of about 2 weeks which were not covered under Medicare. We are anticipating a large medical bill and need guidance in determining if she is liable to pay those bills (in the state of Nevada) and how best to respond to medical bills as we receive them. As far as I know, my father's estate would not include my parents' home as they owned it as joint tenants and we filed the appropriate paperwork to make my mother the sole owner of the property.
Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you:
I'm so sorry about your loss. Was there any paperwork or agreement signed by your mother (or you, if involved) at the hospital that might indicate responsibility for covering your father’s medical bills? Sometimes hospitals will include a financial responsibility clause in admission forms, so it’s worth looking into what was signed, if anything. Are there any other assets in your father’s estate besides the home that might be used to address outstanding debts? Knowing whether the estate has liquid assets (like bank accounts, investments, or other property) will help determine if the estate itself can handle the medical bills, or if the bills may eventually come back to your mother.
I am not aware of any paperwork signed by my mother. There was a joint checking and savings account but those have also been moved into just my mother's name. I am not aware of any other investments, or other property that my father owned.
Nevada
Understood! So you're just wondering what her rights are here, correct?
Yes. And if we need to notify the facilities that are billing us of my father's passing. Or just what the appropriate steps are for us to take.
Got it! I've been working on an answer while we've been chatting, so it'll just be a moment.
Generally, family members, spouses, friends, neighbors, children, and acquaintances are not liable for the debts of a deceased person. The trouble is that NV law would generally hold her to account for the medical bills. Here is why; 1. Under NRS 123.100, both spouses in Nevada have an equal duty to support one another. This duty includes responsibility for medical expenses incurred during the marriage. 2.. In what's called the "Swogger case", the court held that the surviving spouse was liable for the deceased spouse's medical bills. The court reasoned that these expenses are considered community debts, which are enforceable against either spouse individually or their community property. 3. The court emphasized that medical debts incurred during the marriage are obligations of the marital community, and the death of one spouse does not extinguish this liability for the surviving spouse. 4. The decision clarified that the liability for these medical expenses is not based solely on the decedent’s personal estate but also on the surviving spouse’s shared duty of support under community property principles. 5. The surviving spouse’s liability is subject to the overall rules of community property, meaning the surviving spouse could be held accountable regardless of whose name was on the medical bills. So what do you do?
1. Yes, notify them; 2. If your father's estate has assets, the estate is typically the first place creditors should turn for payment. As far as the home, it's in her name so it's not as if they can just take the house from her: 3. Wait until the medical bills start coming in. Don’t rush to pay anything without understanding the details. When a bill arrives, your mom should request an itemized statement to ensure the charges are accurate. 4. Consider whether your dad had any insurance beyond Medicare.. Even a life insurance policy could help cover the bills; 5. If the bills are substantial and your mom is being asked to pay more than what the estate can cover, she may want to consider negotiating with the hospital or creditors. They often will work to forgive or work with debtors. 6. If mom's financial woes are too great, she can try 211.org. It's basically a source for emergency help for older folks. I know it’s a lot, but does that help make sense of things a bit more? I want to make sure I didn’t leave anything out.
Is there any benefit in working with an attorney to negotiate the medical bills on her behalf?
Got it. Almost always, they will settle whether or not you have a lawyer. You can try to find a lawyer, but sometimes their fees will exceed what you save. Creditors may accept 50-65% of the balance. Be persistent with calls and emails. Hiring a debt relief attorney is an option, but DIY is cheaper. You can draft your own debt settlement offer to them. I have a debt settlement agreement you can buy as well. It's super cheap and you c an always come back here to ask questions, too! - https://www.contractscounsel.com/t/document-form-checkout/120 I drafted this document.
Ok thank you. Will spend some time to review and discuss with my mother.
I'm very sorry about that! I want to ensure you feel completely satisfied with our conversation. Were there any details I missed? Did you have any concerns about this issue that still need to be addressed?
No details missed and no concerns that need to be addressed at this time.
Sure! I hope I’ve provided the information you were seeking. If you need more help, please let me know so l can continue to assist you.
- Financial law questions
- Can a lien holder legally abandoned a car at a tow yard, instead of paying charges to recover the car in Pennsylvania
- What are my options for settling a debt with a collection agency when a UCC lien is attached, and how can I ensure the lien is removed upon settlement?
- How to return loan that was deposited into my account without my consent?
- I received a ripped note on my door stating “Civil Process Notice” we are attempting the delivery of court documents. What does this mean? And how should I respond?
- Need a lawyer to remove brother from loan without refinancing and notnpaying taxes
Disclaimer : The content and discussions on this platform are for informational purposes only and do not constitute legal advice or create an attorney-client relationship. Participation, including submitting questions or reading responses, does not establish an attorney-client relationship, and communications are not protected by attorney-client privilege. Use of this platform is at your own risk, and neither the operators nor contributors are liable for any outcomes resulting from reliance on the provided information. Users should avoid sharing sensitive personal information, as while efforts are made to redact such details, submissions remain the user’s responsibility. By submitting content, you grant us the right to edit, publish, and display it in accordance with our Terms of Use. Legal information provided may not apply in all jurisdictions, and laws may vary or change over time; consult a licensed attorney for advice specific to your situation.
How Expert Legal Chat works:
Dolan W.
You need a lawyer who's more than just knowledgeable – you need someone who's on your side. That's where I come in. I'll be there every step of the way, offering clear communication and proactive solutions. Whether you're starting a business or navigating a complex legal matter, I'll help you make informed decisions and achieve your goals. I also have drafted many templates to save you money. Just use this link - https://www.contractscounsel.com/client/lawyer-profile/3764#Templates Why Choose Me? I put you first I'm proactive I'm efficient I'm accessible