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pc | Can the hospital garnish life insurance payment if your family member dies in the hospital and can't pay ? |
If someone who dies while in the hospital also has a large life insurance policy, and there are no other funds to pay the hospital bill, can the hospital garnish the payment to offset the bill? If not, then how will they get the money from a dead person if they don't have any other assets? |
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aaron p
|
Only if:
1. She named no beneficiary on the policy
2. The policy's beneficiary is the "estate of the insured"
3. All her named beneficiaries and contingent beneficiaries are no longer in existence.
Sounds like you need more help on this besides just some random internet advice, so go talk to her old agent and/ or an attorney.
BTW, when someone asks why medical insurance costs so much, you can tell them it's due in part by unpaid hospital bills. |
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Landlord
 |
The debt goes to the estate, in this case they would be paid by the insurance, as do any other bills that the person owed. After that the next of kin pay the bills, but usually there is enough property/savings/insuance to cover everything.
Also, their health insurance still has to pay their share of the bill. |
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mbrcatz
 |
OK, that person's ESTATE is responsible for the hospital bill.
Who is the beneficiary of the life insurance policy? A POLICY cannot be garnished, however, if the ESTATE is the beneficiary, then all of the person's bills must be paid off, BEFORE any money can be passed along to their heirs.
In a community property state, the spouse might be responsible for final costs. If the person owned ANYTHING, like a house, or a car, or stocks, or had any savings, ALL THAT goes to pay the hospital, BEFORE anyone can inherit.
If they have NO ASSETS, then the hospital eats the bill. Which is why so often, hospitals are going out of business. |
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Belen
 |
The proceeds of the life insurance policy goes to the beneficiary named in that policy. Therefore, the hospital can not directly collect from the insurance company. It can however, file a claim against the estate of the deceased. |
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Phil
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You need a probate attorney to handle the estate. |
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dicey047
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You must talk to an attorney in your city. Many attorneys will give a free initial consultation in which they will explain your options and tell you how much they will charge to help you enforce your rights. Get this in writing. The outcome will depend on what state you live in, your relationship to the deceased, the amount of coverage, etc. Here's a link which will give you some insight into what's involved in resolving this question:
http://www.logos4me.com/Life%20Ins%20News/A%20Rights.htm |
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lillllbit
 |
No. They can't. If you are the beneficiary of the policy, once the policy holder has died, the money is yours. It doesn't belong to the estate of the deceased. They can sue the estate but they can't get your money. |
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