Legal Question in Wills and Trusts in New Jersey
Medical debt
Are we responsible for the medical bills that are being sent to my mother who passed away? Her home is currently on the market. It is her only asset at this point.
2 Answers from Attorneys
Re: Medical debt
The simple answer to your question is that you are not personally liable. However, there is a lot more to your question that worries me:
If her home is on the market, then she either did that before her death or the personal representative (PR)of her estate has done it since then. At the moment, only the PR has the authority to transfer title to the property. That person (perhaps you) should know the answer to your question or would be best counseled to get the advice of a lawyer for the estate. If you are trying to administer your mother's estate by asking whatever questions that might come to you on Lawguru, you are running some unnecessary risks.
It is usually not necessary for a lawyer or disinterested PR to administer the estate. However, it is always advisable to involve a lawyer in the process where the assets are as substantial as a house. Get some person-to-person legal advice.
See also: http://info.corbettlaw.net/lawguru.htm
Re: Medical debt
If the estate is distributed without paying it's debts the executor may be responsible for those debts. If there is a will there is always the requirement that all just debts, including taxes of any kind, be paid BEFORE the estate is distributed.
It might serve you well to search for and research whether there was medical insurance coverage, including medicare or medicaid. I use both terms because I remain unfamiliar with the distinction between the two.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com