Legal Question in Wills and Trusts in California

Debts after Death

My mom passed away and left medical bills. She had two accounts that had a small amount of money in them that were POD accounts one with my name and one with my son's name as beneficiary. The bills would wipe out both of the accounts. Do I have to pay the bills or can I take the money out of the accounts? Is it possible to negotiate the medical bills? If I take the money out (which the bank has agreed to let me do), will they come after me? It isn't a lot of money, but I know she would like for my son to have the one in his name.


Asked on 10/17/08, 10:03 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Debts after Death

I assume that the accounts state upon your mother's death [sorry for your loss]the money goes to the other person named in the account. That means I believe that it immediately passes to you, or your son for the second account, and is no longer part of your mother's estate [as occurs with life insurance]. That certainly is how the bank looks at it.

The only one responsible for the medical bills are the medical insurance carrier she had, if any, the named insured, and her or her estate. Just call the hospitals and tell them there are no assets in her estate, get them to agree to delete the bills and send wriltten confirmation, and send them a follow up letter asking for written confirmation if they have not done so.

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Answered on 10/17/08, 2:18 pm


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