Canmy parentslose their home if unable to pay for the balance of my father’s medical bills?

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Canmy parentslose their home if unable to pay for the balance of my father’s medical bills?

My parents own their manufactured home; we all live here – mom, dad, little brother and I. Dad was just diagnosed with cancer, but treatment has not started yet. He has a medicare advantage plan, however it seems that it may not cover 100% of his treatment. They are concerned that for whatever balance remains, a lien may be put on their house and they could lose it. They just filed bankruptcy prior this. They have an older car they own but no other assets. Very little income. We are barely able to get by as it is. What about a quitclaim deed to me?

Asked on January 7, 2011 under Real Estate Law, Florida

Answers:

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

Answered 10 years ago | Contributor

Transferring an asset close in time to the filing of a lien may permit creditors to make am application to the court to set aside the transfer as fraudulent or with an intent to defraud creditors and attach the lien anyway to the property.  What I think that you need to do is to seek to get help to figure out a way to get free care of charity care for your Father.  If he qualifies for low income or indigent care then he may be able to get help.  The particulars of qualifying and restricting are significant and you will need to speak with someone who understands the statutes in your area.  There is an organization in Florida known as Community Catalysts that may be able to direct you to someone to see if your Dad can qualify here.  They have a Free Care Compendium that will list your state.  Here is the link to a document that deals with this issue broadly and then if you page through it will lead you to your state specifically:

http://www.familiesusa.org/assets/pdfs/medical-debt-state-protections.pdf

Good luck to you.

 


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