Legal Question in Business Law in California

Can a medical providers office file a lien against the estate of a deceased patient for unpaid medical bills? if so can they do it on their own, or do they need legal representation?


Asked on 3/22/10, 2:00 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A deceased person's estate is liable for the deceased person's debts and obligations. The medical provider can file a claim against the estate. The procedural rules for filing claims are not simple, and fill many sections of the Probate Code. However, there is a big difference between a "claim" and a "lien." Legal representation is not ordinarily necessary. For answers with full details, please re-ask under a LawGuru heading such as "administration of estates" or the like (I don't know all the topic headings).

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Answered on 3/27/10, 9:52 pm


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