Legal Question in Credit and Debt Law in Nevada

debt collection after death

Am I responsible for paying my father's medical bills if he passed away?


Asked on 1/17/07, 10:33 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: debt collection after death

When a person passes away, the law creates an "estate" for that person. The estate, and not the relatives, become responsible for the debts and expenses of the decedent. This is always true unless you have assumed a duty to pay, by, for instance, signing a guaranty of payment in the Emergency Room, or by signing credit card slips in your own name.

This is, generally, probate law. If your father had land and lots of personal property, and he had a will, the will determines who is responsible to administer the estate, and what must be done with the assets. In the absence of a will, the law of "intestate succession" determines how property is passed along. Sometimes, like when property is held "with right of survivorship" the land may pass outside of the probate estate (as may a car titled "transfer on death").

If your father had lots of assets, you may want to see a probate attorney. If not, you are not liable unless you undertake that liability on your own.

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Answered on 1/17/07, 10:44 am


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