Miami, FL asked in Estate Planning and Probate for Florida

Q: Is My Mother Responsible for Paying My Deceased Father’s Medical Bills?

My father recently passed away. He was hospitalized for one year, and his health insurance was not able to cover all of the medical costs. Now, my mother is faced with more than $30,000 in medical bills which she is unable to pay. Is mother responsible for paying my deceased father’s medical bills? Also, the house is in both my parents’ names. My father’s name is also on the mortgage. Would my mother be forced to sell the house to pay for the medical bills? Thank you.

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: I am very sorry for your loss on the passing of your dad, please accept my condolences. The answer to your question is generally "No", you will want to contact and speak with a Florida Probate Attorney as well. As long as your mom did not sign anything and obligate herself to the medical bills, she cannot be held responsible, the Homestead property in Florida is also protected and cannot be used. Your dad's estate, via probate would be responsible for the debt if any assets exist, there are substantial exemptions and protections that apply also in a probate, so it depends. You really would need to start with the probate conversation, a review of any deed, Will/estate planning and death certificate will also be helpful for the attorney.

Terrence H Thorgaard agrees with this answer

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