Legal Question in Wills and Trusts in Maryland
Medical Bills
My Question is, my dad just recently passed away, my mom is 61 and will receive his SSI, My father had Medicare as is health Insurance provider. Is my mom legally responsible for my fathers medical bills that medicare did not pay for? My mom is on a fix income she has only the house which her and my dad's name are on the deed, She only has a checking account with both names on it. Can they take her home? Can they seize her checking account? Since my dad is not deceased, why would she be responsble for his medical bills?
1 Answer from Attorneys
Re: Medical Bills
To answer your specific questions, your mother is not responsible for your father's medical bills or other debts from her own assets. Your father's estate (that is, any assets he owned at the time of his death) must be used to pay his debts, however. If their home was purchased while they were married, in all likelihood the deed is in the names of Mom & Dad as "tenants by the entirety," which means that the home is not part of your Dad's estate (it became your mother's exclusive property at the moment of her husband's death). The joint checking account is a more difficult issue because it will depend upon how the account is titled and whose funds are actually in the account.
From what you have said, it does not seem likely that your mother will lose her home or that the checking account will be seized. You should advise her to see an attorney so that she can protect her rights.
I am sorry for your loss and hope this information is helpful. Contact me if you have further questions.
Richard S. Stolker
301-294-9500
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