Legal Question in Wills and Trusts in California
Medical Bill
My sister has no insurance. She has
been paying with cash. Her cash is
run out and her last bill is
$45,000.00. She cannot afford to
pay it. My sister and I have a house
together in a trust. The other has to
buy the other out. It has not
happened as of yet. Can the debt
turn into a lien against the house
that's in trust and has not completed
probate. She is handicapped with
severe health issues. We're going to
Social Security Administration on
Monday for the paperwork drill.
1 Answer from Attorneys
Re: Medical Bill
I do not fully understand. You say "not completed probate" so it sounds like the two of you are inheriting a house (in trust). There are whole areas of law that deal with these sorts of things (e.g., "Medicaid Planning", etc.). It undoubtedly would prudent to talk with an attorney about all the financial circumstances and get a plan in place that best fits your and your sister's financial needs and concerns.
Generally, yes, debtors can attempt to collect from most assets of the debtor (or from others, including guarantors, etc.). However, there are various ways to protect yourself depending on all the circumstances.
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