Seattle, WA asked in Estate Planning, Collections and Probate for Oregon

Q: Mother in-law deceased 4.18.2020. All known debts paid. 8 months after Medicare trying to collect debt.can they?

2 Lawyer Answers
Theressa Hollis
Theressa Hollis
Answered
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: It's likely that you have been contacted by Medicaid (not Medicare) because your mother-in-law was receiving public benefits to pay for her long-term care. I recommend you schedule an appointment with an experienced probate attorney to review the claim and advise you.

Gregory L Abbott agrees with this answer

Gregory L Abbott
Gregory L Abbott
Answered
  • Collections Lawyer
  • Portland, OR
  • Licensed in Oregon

A: One of the things that probating an estate does is to cut off future claims by alleged creditors and this provide closure and certainty. Regardless, the most anyone should be able to be on the hook for is whatever the received from the estate - not any of their "own" money unless they are also co-debtors on the debt with the deceased.

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