Legal Question in Wills and Trusts in Indiana
My father who was on Medicare and had a supplemental policy, passed away two weeks ago after spend about two months in the hospital, and three days after being transferred to an LTAC facility. My parents' house is paid for, but I believe both of their names are on the deed. If Medicare and the supplement do not cover everything, can medical creditors take my parents' house, since his name is on the deed? He was in construction and has a truck and some machinery which were in titled to his business (he was an unincorporated sole proprietor). Can they go after these assets? If so, two to three weeks from the death, is it too late to transfer some of these items to my name? My mother only has social security income, so her economic situation is tenuous.
1 Answer from Attorneys
The creditors cannot take the house but they can seek and attach other assets in your father's name such as those business items. It would be fraudulent to try to transfer those assets.
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