What to do if my father passed away oweing $7,000.00 on his home and in his last weeks he accumulated thousands in medical expenses?

I would like to pay the house off and keep it in the family but I am concerned about his debtors putting liens against the house or trying to take it to cover bills.

Asked on January 28, 2013 under Estate Planning, Alabama


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

Answered 7 years ago | Contributor

 I am so sorry for your loss.  Your Father's estate is responsible for the medical bills and yes, the creditors can attach the house.  The bills can be negotiated.  You need to open a probate proceeding and that will entail noticing creditors.  You should contact an attorney.  Good luck.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You need to find out how much is owed in medicals.  You need to have the home transferred to you and then that is it. If this is not done quickly, the creditors can immediately attach liens. If you don't think there is enough to probate, quickly pay off and transfer ownership based on intestate probate law.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The best way to handle the situation that you have written about is to contact a Wills and trust attorney about setting up a probate proceeding as to your father's estate assuming that he has a Will. If so, creditors will be notified of the estate and they can make claims to it. Based upon the amount of the claims versus assets on hand you can make a decision as to what you want to do with the home and the $7,000 owed on it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.