What is my obligation for medical bills received after my mother's death?

San Diego, CA Viewed 304 times. Posted 7 months ago in Debt Collection

My mother left my sister and I a small amount of savings upon her death. I received a hospital bill for out of pocket expenses that exceed the savings. Are we responsible for paying the entire debt if there isn't enough money in the account? Would the hospital likely take less than the total owed? - Is this your question? Add additional information

Answers (2)

L. Maxwell Taylor

This attorney is licensed in California and 1 other state. Posted 7 months ago.

I am not licensed to practice law in California so the following should not be taken as legal advice, but simply as information based on general principles of law which is intended to educate. If you need legal advice, please consult a lawyer who holds California licensure.

The debt for medical expenses is a debt of the estate, not of you and your sister personally. You are not legally required to pay the debt. You CAN pay the debt if you would like to do so. The medical creditors can file a claim with your mother's estate. The executor or administrator is responsible for paying claims against the estate out of the proceeds of the estate. If there is not enough money to pay the estate's creditors, the estate is insolvent and the creditors are out of luck.

Debt collectors may try to collect from the spouse or children of the deceased person. They are not legally entitled to the money, but they may try to collect all the same. An article on this subject recently appeared in the New York Times and I include a link to the article below.

You're Dead? That Won't Stop the Debt Collector