Legal Question in Credit and Debt Law in New York
Deceased Spouse Medical Bills
During my mother-in-law's recent battle w/ lung cancer, one surgeon implanted a medicinal ''port'' ( for chemo ). Blue Cross questioned the surgery & requested clarification from the surgeon. Prior to answering the inquiry from Blue Cross, the Dr. issued another bill, for same service, at a different price and sent same to collections. There were no assets left to my Father-in-law aside from her pension annuity; he lives in a rental in Queens with no assets of his own. The collection notice is addressed to the deceased. My Father-in-law is worried about this effecting his credit, SS payment or pension annuity. There are possible billing fraud issues regarding this matter which may need to be resolved. However, I believe they may not be of issue as the debtor is deceased. Should the collection notice go ignored, unless addressed to other than the deceased? Should the debt be denied in writing to the collection agency?
Thank you for your kind assistance in this matter.
2 Answers from Attorneys
Re: Deceased Spouse Medical Bills
I am a little confused with your fact pattern. Your Father-in-Law is not responsible for your mom's medical bills, unless he agreed to be responsible. His SS and pension is BEYOND the reach of creditors, though they may try to obtain a judgment and attempt to seize his assets...there is no automatic method of preventing the doctor's lawyers from trying to get paid. You should write a certified letter to the collection agency or law firm and tell them your Father in law is not responsible for your mom's debts and that all his assets are exempt from seizure. Nonetheless, if a lawsuit is commenced, your father in law must defend it.
Re: Deceased Spouse Medical Bills
Send a letter back to the doctor and the collection agency stating simply that the patient, after treatment received from the provider, died. See where that goes. It is the truth based upon what you stated. You did not state the doctor killed the patient. Your objective is to get the collector off your father in law's back.
Good Luck
RRG
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