Can a transfer of deed into my name protect from medical bills liens against home in AZ?

My mother passed away almost two months ago and her insurance was Medicare,
but that still left a couple of thousand dollars of private medical bills of patient
responsibility. So my question is as I’m placing the home deed in my name by using
the will, can creditors place a lien on the home if it’s not in my mom’s name any
longer and stop me from being able to sell the home until lien is settled?

Asked on July 12, 2017 under Estate Planning, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, they can still reach the home. A transfer made to defraud creditors by trying to keep an asset out of their reach can be set aside by the courts, if the creditors take action and seek to have the transfer voided; and since the bills or debts accrued prior to the home becoming your, you cannot deny the creditors recourse to the home, which is part of your mother's estate. Creditors of your mother have recourse to all the assets of her estate.

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