Legal Question in Wills and Trusts in Alabama

Re: Liability for medical bills when deceased had no estate

Unless you've agreed to be liable for the debt then, no, you are not liable for it. Are they harassing you for it? It's a common tactic; don't be fooled by it. The insurance proceeds are yours and not part of the estate. Only the estate is liable. If they claim you owe them the money, write them back a firm but polite letter saying that you are not financially responsible and that your husband's estate has no assets. Tell them to verify the debt and to cease contact with you until they have done so. Ask them specifically for all evidence that you personally are liable.

If they call you back prior to verifying the debt, then call me. That's illegal and a violation of the law (assuming that it is a debt collector and not the original hospital that's calling).

The bottom line is that next-of-kin are not responsible for a decedent's debts. The estate is. But if the estate has no assets than the creditors is S.O.L. And whatever you do, don't pay and insist that they prove their case against you. Remember be firm but polite. If they threaten you with anything - especially jail, immediate seizure of your property, then call me. The Fair Debt Collections Practices Act governs the collection of this debt and you do not have to take their harassment.

Sterling L. DeRamus

Attorney at Law

205-458-1100