Legal Question in Wills and Trusts in Florida
Wills and Medical Expenses
My father has been in a hospital in Tarpon Springs, FL for 37 days and 34 of
those days in ICU. He has Medicare and supplemental insurance. He will be
released to a nursing care facility in a few days because there is nothing
else the doctors can do for him. He is terminal. If his medical bills exceed
what Medicare and his supplemental insurance covers, can the hospital and
nursing facility take his home and car, even if it has been willed to me?
Is there anything I can do to protect this? My mother passed away last year
and I am an only child.
I am a Corporate Paralegal in Atlanta and the attorneys that I work with
suggested that I contact an attorney in Florida that would have more
knowledge and current information on this subject.
1 Answer from Attorneys
Re: Wills and Medical Expenses
During your father's lifetime, his house is protected from this type of creditors if it is his "homestead." The automobile, however, probably is not. After his death, the homestead is not probated and should go directly to you if properly devised. The automobile should be "exempt property" and go to you as well.
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