Is a son liable for his mother’s medical bills?

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Is a son liable for his mother’s medical bills?

My mother was in a nursing home for 2 weeks in December for short term rehab. She passed away in January. The nursing home is sending me a bill for $300 which they say is her insurance co-payment that was due. Am Iliable for her medical bills with her insurance compnay? What do I do if it goes to collection? I want to protect my credit.

Asked on February 2, 2011 under Bankruptcy Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The answer to your question is no.  A child does not inherit their parent's debts.  Unless you specifically assumed any such debts (for example were a co-signer on a loan, etc), you bear no legal liability for your deceased father's financial responsibilities.  However, your father's estate is responsible for paying such debts.  To the extent that here is no enough money in it to cover these bills, they will extinguish as a matter of law.


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