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Parent is dying of cancer and has medical bills. Would they take
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Parent is dying of cancer and has medical bills. Would they take the house she owns to pay her bills when she dies?
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>>17269007
Eventually, yes. Any unpaid bills will go to collections. But it's not that simple. It depends on if she has a will, who is in charge of her estate, etc. Next of kin is typically liable for these things. When the next of kin can't pay, things default and go to collections, at which point assets are seized.

It's a very complicated and shitty, drawn-out process. Your mom needs to seek legal counsel and start getting these affairs worked out.
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>>17269016

Shes pretty crazy and can't manage her affairs. Should I just get an attorney?
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>>17269016
>Next of kin is typically liable for these things. When the next of kin can't pay, things default and go to collections, at which point assets are seized.
In what jurisdiction? Usually debt can't be inherited: the estate is still responsible for the debts, but not the heirs.
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>>17269036
You can get one all you want, but it won't do anything. She has to sign away power of attorney in order for them to do anything. She either signs her rights away to someone who can handle her affairs for her, or she does it herself.

If she's crazy, as in medically incompetent, the state could deem her medically incapable and grant power of attorney. But she has to be incredibly unfit. Dementia, coma, etc.
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>>17269042
Next of kin applies to spouses as well. If the other spouse is alive, they share in the debt.
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>>17269051
>If the other spouse is alive, they share in the debt.
Only if both names are on the debt (which is the usual case, but is not mandatory). Even in this case, though, the debt is not technically inherited: it always belonged to both, and now belongs to only one.
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>>17269067
>>17269051
>>17269046

I'm her son. She has no will and I'm an only child so I'm legal next of kin. Her house is worth 65k end paid for. I don't know if that would have to go through probate court.

They asked me to make medical decisions on her behalf because the brain tumors were effecting her judgment.

Medicaid told me toward the end of treatment that the radiology was not a covered service so no more for her after this.

I just don't want to inherit her medical bills and then lose the house so should I try to sell the house ASAP?
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>>17269343
When someone dies, any creditors are paid out of the estate first. Since her house is part of the estate, it may be sold to pay for the bills, unless she has other, more easily sold assets that could cover the costs.
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>>17269343
>I just don't want to inherit her medical bills and then lose the house so should I try to sell the house ASAP?
You won't inherit her medical bills, but the estate still has to pay them if it can, and that would include the house.

One way around this would be to buy the house from her while she's still alive. This doesn't get her estate out of paying the bills: the money from the sale would have to go toward them. But the house would then be yours, not hers, and thus beyond her creditors' reach.

But if you're making medical decisions for her, then she might no longer be able to sell the house to you.
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>>17269343
If the value of the house is greater than your mother's debt, you'll get the remainder.
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>>17269434

What if I sold the house acting as power of attorney?
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>>17269573
Then you'd be acting on her behalf and the sale would be attributable to you. If you're talking about selling it to yourself using the power of attorney, then there'll be an issue of conflict of interest and it may be considered a type of fraud.
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>>17269583
>the sale would be attributable to you.
Meant to be attributable to her
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>>17269573
Any court would find that to be an abuse of power in your current situation, unless, maybe, you pay fair value of the house into her estate.
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>>17269590

And what if she revokes the poa first?
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>>17269660
Then you can't sell it for her? Look, you really need to go and talk to a lawyer
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