Alabama | Credit and Debt Law
11/02/09, 10:36 am
Legal Question
My father is terminally ill and has willed his house to my niece. My niece has a mountain of un paid medical bills. 1. Can the hospital come after the property? 2. Should we have the will changed to will the house to someone else? The house is otherwise unincumbered.
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11/09/09, 1:40 pm
Legal Answer
A judgment (a court ordered judgment) for ANY unpaid bills would attach to the home when it passes from the father to the niece. Not to mention that once the niece gets the unencumbered home the creditors will now have a way to obtain payment for their unpaid bills.
The father could always put the home into a "spendthrift trust" and avoid this problem.
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Randal S. Ford, Attorney at Law 2330 University Blvd. Suite 601 Tuscaloosa, AL 35402
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