Legal Question in Wills and Trusts in Illinois

My wife is deceased. There are outstanding medical expenses the insurance company coded as patent responsibility. Her maximum out of pocet expense was reached for the year. The insurance company will not talk to me because of privacy issues. The hospital has turned the bill over to collections. What can I do?


Asked on 1/28/13, 8:40 am

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

You can pay the bill or you can open a probate estate for your wife and let the court determine the validity of the hospital's claim. This is regardless of whether your wife left a Will or not. Bear in mind, however, that the expenses of a decendent's last illness and burial are a Class 1 claim and must be paid before any other claims including yours to your wife's estate. Depending on how large the bill is you may also be able to file bankruptcy if you can't negotiate a lower amount. Anyway you cut it, you are responsible for the debt.

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Answered on 1/28/13, 9:20 am


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