Legal Question in Wills and Trusts in Texas
Am I responsible for my mothers medical bills after her death?
My mother is terminally ill. I have my own accounts with my name as the sole owner.
Also my mother and I share a joint checking account and joint savings account. We also jointly own two investments accounts. All accounts have her name as primary owner with me as co-owner, with exception the second investment account which lists me as POD.
I never signed anything as far as the responsibilty to pay as she was admitted for treatment.
When she passes away, and I become sole owner of these accounts, am I obligated to pay her medical bills and if so to what extent?
2 Answers from Attorneys
Re: Am I responsible for my mothers medical bills after her death?
You aren't responsible for her debts, but her estate is. All the joint accounts, except the POD account, may be subject to claims against her estate.
Re: Am I responsible for my mothers medical bills after her death?
You are not responsible to pay your mother's debts (that you did not sign) from your own assets. Your mother's assets are subject to her debts after she dies. The executor or administrator of her estate would gather up the assets, decide which bills are valid, and pay the bills from the assets until either the bills or the assets are exhausted. There are a number of ways to remove the assets so that they are not in your mother's estate at her death and not subject to the debts. A joint account with right of survivorship is one way. A living trust is another way. You should find out whether the joint accounts have a "right of survivorship". It would be a good idea to have an attorney look at the entire financial situation to advise you on the best planning before her death.
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