S.H. asks from Long Beach, CA on April 20, 2009
What Happens to Medical Bills After Someone Dies?
Hi, we have a close family friend who lost her husband a few days back to cancer. My question is, what happens to the extraordinary amount of bills that he had from his medical care? Any idea if the wife automatically inherits those bills? Is there a way to prove that she is unable to cover the cost of those bills?
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N.S. answers from San Francisco on April 21, 2009
The estate must pay any bills, as long as there is money. After the funeral expenses and taxes, any money must go to the bills. Once the money is exhausted, the spouse is no longer reponsible for the bills.
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W.A. answers from Salinas on April 21, 2009
Unfortunately, yes, the bills still have to be paid. And the onus of that responsibility usually lies with the surviving spouse or executor of his estate. The first order of business should be to inform the bill collectors of his death and to arrange a payment schedule. As far as medical bills go, you can arrange as little payment as you can afford. I once made a payment of $10 a month until I could get back on my feet. As long as a consistent effort is being made, and you keep the hospital/physicians in the loop, they are usually very accommodating. Please send her my sympathies and let her know that this does not have to be overwhelming or intimidating. It may also be beneficial to have her consult with a financial planner.
D.D. answers from San Francisco on April 21, 2009
I agree, she needs to see an attorney as there are too many variable to give you a good answer. If she can't afford one, have her check into legal aid.
N.S. answers from San Francisco on April 21, 2009
The estate must pay any bills, as long as there is money. After the funeral expenses and taxes, any money must go to the bills. Once the money is exhausted, the spouse is no longer reponsible for the bills.
M.S. answers from San Francisco on April 21, 2009
SH,
I am sorry to hear of your friend's passing. As far as I know the spouse is responsible for the bills. But, they can contact the hospital and speak with the Financial Assistance Department. Most hospitals if not all of them have this service- you tell them what your hardship is, you give proof of financial income, tax forms and whatever else they want and then they can usually eliminate at least 80-90% of the bill and put her on a pay plan for the rest if she doesn't fully qualify for the bill to be 100% forgiven. I would start there- then if that doesn't work, she could hire an attorney to fight the medical claims--at least have the claims audited for errors. 80% of medical bills have at least one error that could cost the patient thousands-so its worth a shot.
Hope this helps.
M.
E.M. answers from Bakersfield on April 21, 2009
Hi-
I am so sorry for your friend. From what I know of marriage and bills, it is unfortunate, but the widow will inherit the bills. It's just like if her husband had declared bankruptcy before he died- her credit would be at the bottom of the diaper pail as well. Sometimes, depending on the situation, certain benefits will help with funerals and existing medical bills, and some places will forgive partial debts. But she is going to have to be proactive through her grief, calling everyone who money was owed too, etc. If she would let you, I would see if you can offer her your help in any way, making calls, making lunch while she makes calls, supporting her, helping her with the little things like picking up, etc. Hopefully, the debtors will be kind and work with her through this difficult time.
She should be able to prove, through her income and expenses that she cannot cover the costs. She may have to hire a lawyer, but have her take her income plus expenses, line by line, to show how much money she needs to live. Then on the opposite side of the page, show the debts incurred through her late husband's illness. Within reason, she should be declared debt free- or at least responsible for a reduced rate. I would definitely check with the medical billing, and then if they can't help, call a lawyer (she will have to pay his fees, but they are far cheaper than the medical bills) and ask for her options. Alot of times they will see you for free the first time to give you advice and then you pay if you agree to have them take your case.
I hope this helps.
-E. M
L.B. answers from Sacramento on April 21, 2009
Sorry to hear about her loss. I used to do collections for Auto Loans and Banks. If you have a insurance policy it will cover the bills. If any is left. Once everything has been liquaided then In community state they will go after the wife or spouse whom ever is in charge of there assets. If they own a home and you can't afford the bill they will attach a lien to the home or even attach wages if any except ss and disablity. any asset they can find they will attach. But that is way down the line. Some medical bills you can't file BK on but some you can. student loan you can not. But if it is credit card debt you can file bk on credit cards only and kept your home. there are ways around it. But if any debt was inquire while married she will have to pay for it. If it can be prove that the debt was inquired prior to married certificate she will not have to pay. By pulling credit statements and such. But kept in mind not all state are the same and califorina is one that will go after spouse or children over 18 if the child is taking care of that parties debt . Also if filing a bk she will have a clean slate and will be able to restatblish credit with in 6 months. I hope that helps. If you are in Sacramento area and you need help let me know. I know a lot of attorney's that can help possible settle things for her.
C.M. answers from Chico on April 21, 2009
SO sorry for your friend's loss. Unfortunately, as many have already mentioned, she will be liable for the medical bills. Any life insurance can be used to reduce the bills and she definitely needs to work with the doctors/hospital to reduce any bills, if possible and make a payment agreement. As a couple posters have mentioned, they will take as little as $10 per month until the bills are paid.
Since the husband had cancer, she may want to talk with someone from the American Cancer Society for assistance with this issue.
Also, any donations in the husband's memory should be directed to a bank account so that she can use those funds to help with the expenses. Have you considered having some type of community fundraiser to help raise money to pay the expenses...a spaghetti feed and silent auction can raise an amazing amount of money. Get volunteers to help, donations to make the food and donations of items/gift certificates for the auction. Good luck helping her...you are a great friend!
S.M. answers from Sacramento on April 21, 2009
I don't know if you have ever listened to Dave Ramsey but he has wonderful advise on finances. If you go on daveramsey.com you can ask them to send you the station information so you can listen to his talk show. Then you can ask your question. Hope this helps.
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