Legal Question in Wills and Trusts in New York

Time of billing matters.

In general in New York the time for a claim to be

made against an estate is within 2 years after

the appointment of an administrator or executor.

There is also the question of the value of the estate.

Your mother cannot be liable for any amounts in excess

of the value of the estate.

One further area that could be explored is whether

the biller timely billed the insurance company, if

any, and if they are allowed to bill directly due to

agreements with the insurance company.

These questions and the dates should be

reviewed with an attorney.

Re: Medical Bills

Besides a timing question - was the bill remitted timely under NY law, there are several other questions - did the estate issue a notice limiting creditors? If so, was the bill received within the limitation period specified in the notice? Also, does the bill exceed the value of the estate passing under the Will? If so, only the estate value can be reached if the bill was timely sent. Has insurance been applied for, or medicare or medicaid, that might have paid it? More information is needed for a proper response.