Legal Question in Wills and Trusts in Florida
Creditor claims against benificaries of deceased
If an insured person dies, can the hospital where she had proceedures performed make claims for unpaid medical bills against the survivors in her will?
Can the hospital make claims for unpaid bills against any assets the deceased person had?
Can the insurance paid to the hospital be enough to satisfy their claim?
Can the beneficiares be sued for unpaid medical bills if they have no responsibility on the medical account?
2 Answers from Attorneys
Re: Creditor claims against benificaries of deceased
The estate must pay the decedent's last medical bill. This type of creditor has a high priority so, they will be paid before the rest of the estate is distributed to the beneficiaries (with some exceptions). However, the creditors can only "go after" the estate, not the beneficiaries. Certain assets might be protected if certain conditions were met, but the creditors will get paid if at all possible.
Re: Creditor claims against benificaries of deceased
1. No. They can only make a claim against someone who guaranteed the bill, or against the estate.
2. They can only make a claim against assets which are going through probate, or which the decedent held in a revocable living trust.
3. If the insurance pays the bills, no problem. If it is insufficient, sometimes they will write off the remainder of the bill. More often, they will file a claim against the estate.
4. No, not unless the beneficiaries receive assets passing through probate and there are insufficient remaining assets to pay validly filed claims.
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