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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55444
Experience:  29 years of experience practicing law, including tax and estate planning.
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My farther passed away 4 months ago and his savings account

Customer Question

My farther passed away 4 months ago and his savings account was put on hold for 30 days now the nursing home is sending me bills in my name am I responsible for them
Submitted: 2 years ago.
Category: Estate Law
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
You have absolutely no personal liability for your father's bills. If his estate does not have sufficient assets to pay his debts and liabilities, the creditors, including the nursing home, must simply write these debts off as losses. Also, it's only his probate assets that are at risk. Assets that are not probate assets are: i) joint accounts which vest automatically in the surviving joint owner; ii) real property held as joint tenants with right of survivorship or as tenancy by the entirety, which property vests automatically in the surviving owner; and iii) assets with named beneficiaries, such as retirement plans and life insurance policies. None of these are probate assets and thus are not subject to the claims of the creditors of your dad.
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Customer: replied 2 years ago.
His savings had 13,000 in it but was released to me and the nursing home wants 5,000 for his remainder bill do I have to pay it
Customer: replied 2 years ago.
That was all he had and that was his ss money he got every month
Expert:  Richard replied 2 years ago.
Thanks for following up. You would only have to use any of this to pay the nursing home if you have any of it remaining after paying priority claims. Under N.Y. SCP. LAW § 1811 : NY Code - Section 1811, funeral expenses and costs of administration (including compensation to the executor for administering the estate) have priority over the claims of the nursing home. So, it's likely you should be able to use up the $13,000 paying the priority claims to result in no available dollars left for the nursing home. You can then write the nursing home and inform them that after paying the priority debts of the estate, there are no probate assets remaining to pay them. :)