Am I responsible for a deceased parent’s medical bills?

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Am I responsible for a deceased parent’s medical bills?

My mom recently passed away and at the end of her life she incurred medical bills. She owned very little, except a home that she placed in a trust and left to myself and my three siblings. The trust has been cleared and the home is now ours. However, are we responsible to pay her medical bills? Could the house be taken in lieu of these debts, even though it legally belongs to us now and not her? Or is the home safe? Any advice would be appreciated greatly. Thank you.

Asked on August 27, 2010 under Bankruptcy Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am so sorry for your loss.  The general rule is that the estate of the decedent is responsible for debts such as medical bills. Trusts can indeed protect estate assets in many ways.  It really all depends on the type of the trust that was created, if the asset was properly transferred and your state laws.  It is very difficult in this type of forum to answer that question with any certainty without reading the document itself.  It depends on if it was a revocable trust, etc., as well.  Take the document to the attorney that helped to facilitate the transfer and see what he or she has to say.  It is a good idea to be armed with all the necessary information when they come calling for the money.  Good luck.


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