Hospital Bill and my brother

UPDATED: Oct 1, 2022

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Hospital Bill and my brother

So my mom recently passed away, no will or anything and not married. Next of kin would be me and my brother sons of the deceased. My mom has 2 finanicial accounts and a truck. We recently received a bill from the hospital for the treatment/death of her. First off, are we liable to have to pay that bill from any assests we receive from probate court? Secondly, my brother just started a new job and cannot miss work right now and wants to see if I’m allowed to allow him to ‘sign over rights’ to me to handle this case without him involved. Thank you.

Asked on December 16, 2017 under Estate Planning, Ohio


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

Answered 4 years ago | Contributor

I am so sorry for your loss.  Your Mom died what is called "intestate" meaning without a Will and while you and your brother are not responsible for the bills, her estate is responsible to pay them.  What you have to do is file a Petition in Probate Court to be appointed as the Personal Representative.  Your brother can consent so he does not have to miss work.  When dealing with the hospital try and negotitate the bill.  They will often reduce it.  Good luck.

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 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.

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