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  1. #1
    Join Date
    Jun 2014
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    Maxwell, Indiana, United States
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    Default Is My Dad Responsible for My Deceased Mom's Bills

    My question involves collection proceedings in the State of: Indiana.

    Here's the story, my mom fell and had to be taken to the hospital by ambulance and was checked in by my dad because my mom couldn't physically do it. Anyways, she was transferred to another hospital (and was in and out and of course was unable to sign anything due to the state she was in. Eventually she passed away and I was trying to see if my dad was responsible for her bills. She had medicare and paid for it with their joint bank account.

    I wanted to also see about the two houses that they had in both of their names. Will it automatically go to my dad instead of probate? She didn't have a will. Is my dad responsible?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Is My Dad Responsible for My Deceased Mom's Bills

    Quote Quoting prettysenshi
    View Post
    My question involves collection proceedings in the State of: Indiana.

    Here's the story, my mom fell and had to be taken to the hospital by ambulance and was checked in by my dad because my mom couldn't physically do it. Anyways, she was transferred to another hospital (and was in and out and of course was unable to sign anything due to the state she was in. Eventually she passed away and I was trying to see if my dad was responsible for her bills. She had medicare and paid for it with their joint bank account.

    I wanted to also see about the two houses that they had in both of their names. Will it automatically go to my dad instead of probate? She didn't have a will. Is my dad responsible?
    The houses most likely will pass to your father outside of probate. Normally a married couple in Indiana has property titled as joint tenancy with right of survivorship.

    Yes, he would be responsible for her medical bills. Other debts, no, but yes on medical bills.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Is My Dad Responsible for My Deceased Mom's Bills

    Quote Quoting prettysenshi
    View Post

    I wanted to also see about the two houses that they had in both of their names. Will it automatically go to my dad instead of probate? She didn't have a will. Is my dad responsible?
    the houses; depends on how they were titled.

    the medical bills: likely to be liable for them under the possibility of a couple different basis. If he signed as a responsible party, that would make it contractual. He may or may not have signed as a responsible party. You would have to investigate that but...


    under what is called the doctrine of necessaries, he may be liable anyway but that is not clear cut.


    Indiana Court of Appeals case, Hickory Creek at Connersville v. Estate of Otto K. Combs, 21A04-1211-ES-600,


    It was held that the nursing home could not collect under a doctrine of necessaries claim due to the fact they did not first work to collect from the patient or her estate. Now, in your situation, it is likely the creditors will assert a claim against her estate but if they do not and the estate is distributed without payment to them, that ruling states they cannot come to you, as her spouse, under a claim under the doctrine of necessaries with hands out.

    Without a claim under the doctrine of necessaries or him signing as a responsible party, no, he would not be liable for her medical debts.


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