Q: As Co-Trustee, does Trust have to pay dad's medical bill just received for services 13 months ago? It's not last illness
State of Georgia. My dad passed 10/2022. Last illness diagnosed 9/2022. Hospital Bill in question dated 6/2023 for outpatient CT scan 5/2022.
Additionally, when can I close out Trust account and pay out inheritance?
How long do we have to wait for bills to come in?
Thank you
A:
You need an attorney to review the trust to clear up the below assumptions. If the trust was a revocable trust with your father as a lifetime beneficiary, the trust is responsible for all debts of your father. The trust does not act as an asset protection device. If the trust was not created by your father for his own benefit, i.e. he was not a beneficiary during his lifetime, and was irrevocable, it is possible that the debts of your father are not payable from the trust.
If the trust is closed out without paying the debts of your father's estate, the creditors can come directly after those who received the disbursements. If you do not file probate for your father's estate, these creditor claims can arise long after his death, potentially 6 or more years later. If you probate your father's estate, his debts become barred from collection 3 months after the date of publication of notice to creditors. If you are concerned about debts, you should file probate for his estate.
Schedule a free consultation to create a plan for closing your father's trust and estate.
Seth Meyerson agrees with this answer
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