Legal Question in Wills and Trusts in South Carolina

Re: Deceased real estate question

Once a person has died and their estate is probated, any creditor (such as the hospital) can file a claim against the assets of the estate. If your father left a will, the will will guide the personal representative (PR) to answer the question of whether the PR has the power to sell the property to raise funds for the estate or whether the PR must ask the probate court for permission to sell the property. Usually the hospital wants money, not property, and once a claim is filed in probate court, the hospital could get involved as well in probate court to agree to the sale or to complain about a sale. In addition, not every claim filed against an estate is valid, so the PR should investigate each claim to determine whether it is a valid debt against the estate, and contest any suspected invalid claims. Remember that the PR can hire an attorney and the attorney fees will usually be paid out of the estate funds, prior to any creditors, so it is worth your while to consult an attorney in all probate matters even if you don't have any money in the estate to pay up front fees.

It is always hard for the family to go through the difficulty of losing a loved one and then have to worry about losing their home as well. Good luck with your case. I think a short consultation with an attorney who could look at the hospital bills and the probate paperwork could really help you.