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In Missouri, is it legal to send the death certificate to…

In Missouri, is it...

In Missouri, is it legal to send the death certificate to medical debt collectors to let them know someone died, but you are not responsible for his debts

Lawyer's Assistant: What documents or supporting evidence do you have?

His death certificate, I am his ex wife and only surviving person affiliated with him

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He has no estate to speak of, but since I was the one who informed the medical people that he had died, they are now sending me his bills.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Missouri\

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Answered in 5 minutes by:
3/20/2018
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 37,275
Experience: 30 years experience in the practice of estate law.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

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You have no legal obligation to do anything about the debts. If you want, as a courtesy, you can send the death certificate to the creditors, along with a note that there are no assets and the estate is insolvent.

Without having signed anything agreeing to be liable, you have no personal liability for the debt of another.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 1 month ago
Is real estate that has transferred from his estate included in a person's estate if the property has already been transferred.

No, assets which are the subject of inter vivos transfers are not part of a probate estate.

Only assets titled in the name of the decedent are part of the estate.

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Customer reply replied 1 month ago
This was real estate transferred to his living son after his death. His son is incarcerated and can not handle his own legal matters. This was transferred before all of the medical bills started coming in.

How was it transferred after his death? Who signed the deed?

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Customer reply replied 1 month ago
Son is the only living heir. I have power of attorney for son. Thru that poa, I did a quick claim deed and I became the owner of the land. Is the land still part of the estate and subject to being sold for the medical debts?

The deed is invalid if you relied on a POA from the decedent. All POA's automatically terminate upon the death of the principal. You had no interest to convey.

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Customer reply replied 1 month ago
the poa is on the living son, not with the decedent.
It's my understanding thru MO law, the son becomes the title owner immediately upon his father's death.

If they were joint tenants, then yes. Otherwise, it would need to go through probate to transfer to the son. It is not automatic.

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Customer reply replied 1 month ago
then it is just up to the medical companies to make the claim against the estate?
Customer reply replied 1 month ago
They have been informed of his death, so there isn't anything else I need to do?

Correct. Nothing else for you to do.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 37,275
Experience: 30 years experience in the practice of estate law.
Verified
Loren and 87 other Estate Law Specialists are ready to help you
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Loren
Loren
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Category: Estate Law
Satisfied Customers: 37,275
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Experience: 30 years experience in the practice of estate law.

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