will my executerdaughter inwill my daughterexecuterdaughter my will be responsible for any nursing home,medical bills before or after my death?

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will my executerdaughter inwill my daughterexecuterdaughter my will be responsible for any nursing home,medical bills before or after my death?

bills before and after death-Queston

Asked on July 20, 2017 under Estate Planning, North Carolina

Answers:

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

Answered 3 years ago | Contributor

An hier/beneficiary is not liable for the debts of the deceased, unless they agree to be or the debts are jointly owed (i.e. are in both the names of the deceased and the heir/beneficiary). The same holds true for an executor. That having been said, the estate of the deceased would be liable to creditors. Bottom line, do not personally sign anything either of a medical nature or with the nursing home.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, she is not personally responsible for your bills, either as your daughter or as your executor, unless she personally guarantees or assumes them. (For this reason, if she should sign anything in relation to your medical care, she should read it first and make sure she is *not* agreeing to be responsible for your bills.) Your estate would be responsible, of course, and it's possible that bills would use up much or even all of what she or other beneficiaries might otherwise inherit, but that's the worst outcome--not inheriting anything. She would not have to pay out of her own pocket for your bills.


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