Legal Question in Wills and Trusts in Florida

Transfer of Medical Obligations
My father has been diagnosed with terminal cancer, and has had several surgeries recently. He is unmarried, and does not have many assets. I would like to know, to what extent will I be responsible for for fulfilling payment on the $100K+ in medical expenses he has incurred (he doesn't have insurance, but was partially covered by the VA) during the last few years. Also, are there specific limitations on what can be used to fulfill these obligations (ie: the estate itself, my retirement accounts, real estate, etc.?). Where would I find laws related to this topic online?

Asked on 12/31/06, 1:05 pm

2 Answers from Attorneys

Norma Chaviers Norma M. Chaviers, LLC

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Re: Transfer of Medical Obligations

You will not be responsible for your dad's medical bills; his estate will. In order to put the matter to rest as soon as possible after your dad passes,you may want to open an estate and notify the creditors. That will give them a limited opportunity (6 months) to submit their bills and allow you an opportunity to see if you need to file for insolvency status for your dad's estate, or if you can settle the claims for a proportionate share of the assets you dad does have. If you choose not to open an estate for your dad, just be aware that the creditors can open an estate for him on their ow. They likely won't, however, unless they feel like he has assets that can be liquidated in satisfaction of their claim. Good luck.

Answered on 1/01/07, 9:57 pm

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