Check out some similar questions!

lilypad011 · Oct 3, 2009, 11:49 PM

After my father passed away in April, he left a large amount of hospital bills. A little over $30,000 because he was uninsured. I've read online that his spouse and family are not responsible for his bills, his estate is. The thing is, he didn't have a will. I believe I may have signed some sort of contract agreeing to pay it off. I don't think this was fair though because I am only 20 and did not know how serious the form was. I just thought it was something everyone had to sign. I don't think I even signed it with my legal name. Just a nickname.

My mom (who is an immigrant and doesn't speak English very well) currently doesn't have the income far an extra bill (let alone $30,000) and I'm a full-time college student so I don't have a stable income either. The hospital transferred the bill to the debt collectors and they've been trying to contact my dad via phone and mail but have not taken legal action yet. The last letter said they'd start with their "usual collection procedures" since we've not contacted them. We've sent a death certificate to the hospital but I think it was ignored or something because they went to the collection agency without giving us any kind of reply. We have yet to send a death certificate to the debt collectors because I have no idea whether it would make them stop or not since I signed that form. I'm completely out of my depth.

My question is am I liable for this debt? If not, who is? Is there anyway for me to tell the debt collection agency to stop without involving legal action? ( I'm not sure we could afford an extra headache) Will they go so far as to look at bank accounts, house, car? Hopefully this is thorough enough. Thank you so much for your help.

justcurious55 · Oct 4, 2009, 12:40 AM

What do you mean you think you signed a contract? Are they contacting you? Or only trying to contact your father?

When my grandmother died my aunt wrote "deceased" on all of the bills that came to our house (the last address my grandmother used) and sent them back. But that may have been a different situation.

lilypad011 · Oct 4, 2009, 09:50 AM

I think it was one of those forms that states that you'll pay in the event death. The social worker asked me if I could speak for my father (I guess legally?) and I didn't really know if I could but she just told me to sign the form.

I'm not sure if that's a similar situation. Thanks for the reply though.

justcurious55 · Oct 4, 2009, 11:29 AM

Do you have a copy of whatever it was you signed? If not, you need to get a copy so you can re-read it and find out what you really signed.

DisabledinMD · Oct 4, 2009, 11:41 AM

It sounds to me like he couldn't sign himself, so another legal adult signed in his place, promising that the bill would still be paid, if he died. It doesn't matter that you are only 20, or didn't understood what you signed, over 18, you are a legal adult and you signed a legal and binding contract. It should come from his estate. If he had no will, then it goes to Probate Court. The Court determines what assets he has, and any outstanding bills are paid from them. You shouldn't be legally responsible, but your mother as his heir, might be. Especially since you mention that there is a house, a lien could be placed against the house, as half of it is considered in most states to be his property, and therefor part of his estate. You really need the advice of an attorney. If you can't afford a lawyer, you might get Pro Bono help from your local Legal Aid, if your income is low enough to qualify. If not, you might get an attorney who can work out an affordable payment plan for you.

You need to get a copy of whatever it is you signed, you should have been given a copy after you signed it. Get it, and a copy of the bill so a lawyer can review it. I suspect the original creditor, and now the debt collector, are after his estate to pay it. Since you signed the contract, they might be assuming that you are excecuter for his estate, the one responsible for seeing that all outstanding bills are paid for out of the estate funds, if there are any. The death certificate won't stop the collection activity, settling the estate will. If Probate Court finds that the estate has little or no money to cover the bills, the bills get paid in the order they were received, so some of the collectors are not going to get paid, if the estate doesn't have the money. The collectors can sue the estate, and get a judgment, which will essentially force it into Probate, to see if any assets were left to cover the bills.

I really think you, and your mom, are going to be over your heads with this, which is why I recommend legal advice. You can stop the collection agency from contacting you. That won't stop them from taking action to collect the debt, but it will stop the phone calls and dunning letters. The only time they can contact you is if they send a court summons. Google (or use other search engine) "cease and desist to debt collector" and you will get numerous links for samples and templates for such a letter. Just C&P into a word processor, edit with the necessary details (addresses, etc), and send a copy by Certified Mail Return Receipt Requested. It's only a few dollars to mail this way, the post office attaches a card that they sign, which is mailed back to you as proof that you sent it. If they contact you any time after receipt of your letter (keep the card and the print-out from the PO as proof), you can sue them under the Fair Debt Collection Practices Act (FDCPA). The only contact they can therefore legally make, is to notify you if they sue the estate. They may at some point do just that, or sell/transer/assign the debt to yet another collection agency. Call Legal aid and explain your situation to them, see if they can help you.

lilypad011 · Oct 4, 2009, 01:45 PM

What if I didn't sign the contract with my legal name? (I used a nickname that people call me by) Can I dispute that if it comes up?

Your advice was very thorough, I'll look into all of those things and whatever ends up happening I'll at least feel more prepared for it. Thanks.

lilypad011 · Oct 4, 2009, 01:57 PM

Also,

Would it be a smart idea to transfer some of the assets my mom and dad have over to me or my brother so that they can't take it away from us?

Wondergirl · Oct 4, 2009, 02:11 PM

Originally Posted by lilypad011

Also,

Would it be a smart idea to transfer some of the assets my mom and dad have over to me or my brother so that they can't take it away from us?

They can look back to find out when you did that. It won't stop them as far as I know. You and your brother are blood relatives of your father and his heirs also, especially since he didn't have a will naming only your mom.

DisabledinMD · Oct 4, 2009, 02:25 PM

You can sign with an "X" even, and a contract can still be found to be binding and legal. Get a copy from the hospital so you know what's in it. As for transferring assets, I really don't think you can do that. You aren't legally entitled to them, your father made no provision in a will for them. The estate has to go through Probate. Don't do anything (exept send the cease and desist letter to debt collector), until you consult with a lawyer.

Doing the wrong things in an effort to avoid having them take money from the estate assets could get you into legal trouble. I really would not advise you to do that. I'm not a lawyer, and I don't know the specific laws of your state regarding estate issues, you really need an attorney to handle this. Probate determines what is in in your dad's estate, and what belongs to your mom is not typically collectible.

Generally, in most states, property owned by married couples is equally shared. So half of any shared assets between your parents is your mom's. You might want to research property laws in your state regarding married couples, and what Probate Court is. Because of your inexperience due to your age, and your mom's language barrier, an attorney can guide you through the motions and answer a lot of your questions.

Wondergirl · Oct 4, 2009, 02:30 PM

What US state do you live in?

lilypad011 · Oct 4, 2009, 03:18 PM

Ok, DisabledinMD, I figured it would be a long shot. I'm pretty sure we do have a copy but I won't be able to reread it until my mom sends it to me.

Wondergirl, I'm from Texas.

Wondergirl · Oct 4, 2009, 04:18 PM

Texas Is A Community Property State

Ownership in Texas falls under the law of community property for married people. This means that each spouse owns an undivided one-half interest of all property accumulated during the marriage except for separate property that was owned before the marriage or was received by gift or inheritance during the marriage.

lilypad011 · Oct 4, 2009, 05:37 PM

All right, good to know. Thanks