Hospital Bill and my brother

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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

Answers:

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

Answered 3 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.


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