Q: Is there something I can file that says my mother will guarantee payment should anything come up in the future?
My father died 17 years ago and we didn’t probate, the only thing that wasn’t in my mothers name was 2 pieces of property that he owned the mineral rights only on. Never thought we would need them, know they are drilling oil on one of them. State of Oklahoma requires probate on anything over $10,000.00 net worth. So I have started a probate on his estate. There was a will leaving everything to my mother. Problem is the hospital won’t give us a release on his final illness. They say they have purged the records. Is there a something I can file that says my mother will guarantee payment should anything come up in the future? He was covered by 2 insurance policies so we are sure there is no unpaid bills.
A: I rather suspect that your father's bill is barred by the statute of limitations. The hospital (and every other known creditor) should be given notice of the probate as well a publication notice for unknown creditors. If they file no claims, then their debt is "non-suited". I don't see the point of having your mother guarantee payment.
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