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pc | If a person passes away and was part owner of a real estate property, can hospital take the property? |
When the final hospital bill is not paid, and the patient passes away, then does the hospital have a right to take the house even though someone else owns the other half of the property? And what if the person who owns the other half is the wife? |
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wizjp
|
Depends on state law for tenancy of property and judgement status. IN most states, if they took title as joint tenants with a right of survivorship, the house passes to the wife clear of the estate, and the outstanding debitors can't touch it as an asset to clear claims.
If he left a will, the executor is responsible for overseeing the payment of outstanding claims; if there is no will, in most states an admisistrator is appointed.
Check with a local probate atty; for a small fee, they can get you going in the right direction |
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Tim
 |
Some state are community property, which means it belongs to both. The hospital can't take the house away, but they can go after the estate (wife) for the money. |
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deep5223
 |
Why do people think they can get free legal advice from a bunch of yahoos on yahoo? You need legal advice and that's what attorneys get paid to do. Since property laws vary widely from state to state, you need to seek legal advice. |
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Belen
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The hospital can not do that. What the hospital could do is to file a claim against the estate of the deceased. There is no question that the hospital bills should be paid, but it should be coursed through proper legal channels. |
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Phil
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As already stated, get a probate attorney. No one here has enough information to provide you the answer you need. The hospital is owed money, and it will most likely come from the estate. Along with all other debts. But you need someone to help you sort this out. |
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mbrcatz
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Yes, the hospital has a right to that person's portion of the house.
Depending on what state you are in, and if there is a homestead exemption, it's possible that the hospital can't force the sale of the house - but they'd put a LEIN on it. So if the wife ever sold the house, or if she passes away, THEN the house gets sold, and the hospital gets paid (plus interest) the balance they are owed, after a first and/or second mortgagee interest, but BEFORE the wife or heirs get any money.
You really need to discuss this with an estate attorney. |
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