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legalgems
legalgems, Lawyer
Category: Legal
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My mom is dying.She has very little money.But medical debt

Customer Question

My mom is dying.She has very little money.But medical debt .After she passes is she still responsible for it.Tried making payments they won't except them she lives on a 1100 income.
Submitted: 3 months ago.
Category: Legal
Expert:  legalgems replied 3 months ago.

I'm sorry to hear about your mother's declining health. That can be a very difficult process.

Fortunately, adult children are not liable for the parent's medical debt, or any other debt, unless they co-sign or otherwise accept responsibility for it.

If the estate has assets, the creditors can file a claim with probate, and the personal representative will have an obligation to pay the valid claims off, after funeral expenses and other probate administration expenses. So if the estate is insolvent the creditors will often write off the debt. Some will try and pressure relatives into paying it, but there is normally no legal obligation to do so.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 3 months ago.
Thank you.She owns nothing small insurance policy .The condo she is is a co op which we are selling now.the money from that gets split 3 ways
Expert:  legalgems replied 3 months ago.

If those are probated assets, (ie distributed through the probate process) then the creditors can make a claim against those assets before they are distributed.

MCL(###) ###-####1) exempts the proceeds of any life insurance policy payable to the wife, husband or children of the insured and it is generally not available for creditor claims.

Expert:  legalgems replied 3 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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