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shadekitty

Medical collections for deceased mother

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My mother passed away nearly 2 years ago. She did not own anything in her name, and there was no money in savings (joint with my dad) at the time of her passing.... but they lived in Texas (a community property state) and the house is paid in full.

 

The house is solely in my dads name. That is the only property "they" owned.

 

Her medical bills were quite high and were were initially told they cannot do much as there wasn't an estate. Now tge bills are being addressed to my mothers estate via my dads name.

 

I know advice given here isn't legal.. But I would appreciate feedback from anyone who has been in this situation... Or advice that we should seek out an attorney.

 

Can they force a sale or attach to the house at all in a community property state such as Texas or is the house not touchable. 

 

TIA CB!

 

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No they can't force a sale of your father's house. No they can't legally collect a dime from your father. Yes you can stop the harassment. Your mother was likely covered under SOME kind of insurance, medicare, medicaid etc. See if there are any records of what was paid.

 

Have your father do this;

https://whychat.me/GUIDEBOOK.html

Obviously he doesn't need to delete old addresses or get an MIB report.

If he is being called or written to by CAs trying to collect FROM HIM for your late mother's medical accounts, have him send any one that has communicated with him in any way this.

 https://whychat.me/ltrcavalhipaa.html

 

There should be NO accounts on HIS reports for your mother's medical bills unless she was insured under an insurance policy carried by your father. IF there are ANY such entries, and IF she was covered under his insurance then legally he MAY be liable for unpaid co-pays or deductibles. If so, have him get the EOMBs ( explanation of medical benefits) from his insurance. He still can not be sued for any valid bills unless he has other assets such as other real estate (not his home) or bank accounts that were not derived from pensions, SS or insurance proceeds.

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Sadly she was not covered under any insurance and wouldn't let me intervene in any of their affairs until it was too late. 

 

The hospital kept releasing my mom because of lack of insurance. She would stabilize in the hospital and get out for a week and end back up in the hospital via the ER for congestive heart failure. She couldn't be released to a rehab because of the lack of insurance. No one would (understandably) take her. The hospital did eventually attempt to try to get her insured, but she was released 3 days later. Once released, the social worker stopped the paperwork. This repeated the other 2 times she was in the hospital with no one finishing the paperwork because of her release. I had no idea this was going on until after she passed. I ripped the hospital coordinator after I found that out when they came crying to me that they weren't getting paid anything for her stays. They now complete paperwork, regardless of patents status in the hospital thanks to that conversation.

 

Because my mom passed, they wouldn't let us complete her paperwork with the state. I needed a different POA other than the medical POA I obtained while she was in ICU to complete it. After death, the POA would have been invalid anyway... at least that's how it was explained to me.  I don't know if that is true or not, considering all the BS we were told by the hospital anyway. 

 

Dad didn't have insurance until after my mom passed and I stepped in and got POA and took care of it all.  My dad is in a much better situation now financially, physically (thanks to insurance) and mentally...  I take care of everything for him.

 

So far no calls to him. Just the letters addressed to him in his name for my mothers "estate". Other than the house and a $1200 truck - they had nothing.  

 

I have complete POA for anything financial, real estate, etc - so I will take a look at your links and take care of it.  Thank you @Why Chat

 

 

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In addition: No other real estate or items owned. She had a truck in her name (although it was my dads) but it is worth maybe $1000 currently (early 80's model truck). If they really want that - they can come and pick that thing up... I'd love to have a reason to get him something newer and more reliable.

 

Bank account funds were solely SS. She had no income of her own. 

 

 

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I am so sorry for your loss and for the terrible care she received from the hospital administration. I assume she was fairly young--( under 65 ) and had never applied for ANY social services?? Don't worry about anything being "seized" but be very careful to NOT put anything of value in your father's name or sign any responsibility for any of his obligations. 

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