Q: Mother in law died last year & house transferred on death to her spouse. Spouse died in April & house transferred to my
Sister in law (SIL) who also was named sole heir in their wills. No other assets except small bank account less than $1000 which was joint with SIL & used to pay house related bills. No probate estate opened. SIL has sold house. Is she obligated to pay any of Spouse's medical bills with sale proceeds- - mainly nursing home bill?
A: If the spouse was on Medicaid, the State, in all likelihood, will have put a lien on the property, which would have to be paid from the sale proceeds. If the spouse was not on Medicaid, any and all medical bills will ave to be paid.
A: If the house transferred to SIL by survivorship deed and not probate, and if there was no Medicaid lien on the house, and if there were no other assets of the estate, then SIL is not obligated to pay the medical bills from the house proceeds. She should use the Find a Lawyer tab to consult a local probate attorney who can review all the facts and answer her questions.
A: The only creditor who would be able to make a claim is Medicaid. All of the other creditors can only make claims against the probate estate by presenting their claims to an appointed executor or administrator. Since there is no probate estate the nursing home cannot collect from your sister in law.
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