Legal Question in Wills and Trusts in California
Medicare Mess
If there is no will, decide who will apply to sort out the deceased's affairs and contact the Probate Registry to apply for 'letters of administration'
Medicare mess- main question is if an attorney get's involved can they get this straightened out any quicker or do I need to do what Medicare is saying?
So my dad was passing out an expired insurance card through Blue Shield or Blue Cross - this was his insurance through Safeway / UFCW Union - they terminated his insurance on 11/05.
Medicare seems to think they are the secondary insurance carrier when they should be the primary since UFCW insurance has been cancelled since 11/05.
Medicare is requesting that I do a bunch of things to communicate with them since I am not his beneficiary (he did not have one) - after I send this over then they will either approve or deny for me to make changes to his account.
The reason I am worried about this is because there are bills stacking up from 11/05- 3/06 so there are a ton of bills that are not paid.
There is possibly another pension that we will be getting and I am worried that the collectors might take this since there are bills past due.
We did not go to probate - I am his daughter and there was not a Will.
1 Answer from Attorneys
Re: Medicare Mess
As his daughter, you are a beneficiary. When there is no will, the assets of the estate are distributed according to state law, after creditors are paid.
You should meet with a probate attorney. If there are not enough assets to cover expenses, then let the creditors act to straighten things out.
If something can be done to correct things and preserve the assets for you and any other beneficaries, the fees in probate are dictated by statute and approved by the court.
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