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Lien from Unpaid Hospital Bills

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  • 11-30-2010, 02:38 PM
    e.woods
    Lien from Unpaid Hospital Bills
    My question involves estate planning in the state of: CA

    Parent doesn't have health insurance. If anything happens, parent goes to hospital, can hospital put lien on the house for unpaid bills? Anyway to avoid it besides negotiating the bills down with hospitals?

    The house still has many years to pay off. Mortgage is under parent's name, because parent has better credit. House title is under parent and kid's names.

    Thank you.
  • 12-01-2010, 02:31 AM
    davidmcbeth3
    Re: Lien from Unpaid Hospital Bills
    I dont think hospitals can put liens on w/o a court authorizing it after a civil case.
  • 12-02-2010, 01:00 PM
    Mr. Knowitall
    Re: Lien from Unpaid Hospital Bills
    Before it could attempt to assert a lien, a medical provider would first have to obtain a judgment in court.

    If the parent owes money and has assets, such as equity in a home, it's not unreasonable to expect that creditors will attempt to pursue those assets consistent with the state's exemptions.
  • 12-03-2010, 11:05 AM
    e.woods
    Re: Lien from Unpaid Hospital Bills
    Quote:

    Quoting Mr. Knowitall
    View Post
    Before it could attempt to assert a lien, a medical provider would first have to obtain a judgment in court.

    If the parent owes money and has assets, such as equity in a home, it's not unreasonable to expect that creditors will attempt to pursue those assets consistent with the state's exemptions.

    Thank you. Even the house is in trust? the parent had living trust set up.
  • 12-07-2010, 09:51 PM
    KeyWestDan
    Re: Lien from Unpaid Hospital Bills
    If the house is not in the person's name, then the medical provider could not move against it.

    They could argue fraud if there was a transfer of the property without a fair payment made for it when it is done after the debt is incurred. If you forsee medical bills that can't be paid, then put the house into a trust, or otherwise protect it now.
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