What assets are creditors of an estate entitled to?

MY MOTHER HAS NO HEALTH INSURANCE BUT SHE HAS MEDICAL BILLS THAT SHE CANNOT PAY. IF SHE DIES WILL THE HOSPITAL, DOCTORS, ETC BE ABLE TO TAKE HER HOUSE?

Asked on March 14, 2011 under Estate Planning, Texas

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for her situation and for yours.  Yes, her medical bills will be a lien on her estate, meaning that the medical providers will have the right to be paid from whatever estate proceeds there are.  If she only has a house then whomever is the Personal Representative of the Estate - either Administrator or Executor - he or she will have to do whatever is necessary to liquidate assets (sell property both real and personal) to cover the debt.  What is left over will be distributed to the beneficiaries.  Try and see if medicare can help.  And there are certain medicaid programs that she may be eligible for even owning a home. Good luck.


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