unpaid nursing home debt.

by Skovron
(Balto. Md. 21226)

can the nursing home force my brothers to sell my deceased fathers home, deed is in their names and they are living in home. i was the poa. for my dad. i signed the agreement title, 19 however there is no more funds left, to pay the unpaid balance. i received a letter from attorney. TRYING TO COLLECT A DEBT. the nursing home refused to set up payments with me. can they be forced to sell home or what can happen?

Comments for unpaid nursing home debt.

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Dec 04, 2011
 unpaid nursing home debt
by: Debtcollectionanswers.com

You did not indicate whether Medicaid was paying for your father's nursing home care or whether he was paying for the care out of his own funds, including a long term care insurance policy. If he was receiving Medicaid, whether or not the nursing home can try to collect what it is owed would depend on a number of different factors, including the timing of the transfer of title on your father's home from his name into your brothers' names.

If your father was paying for his care using his own funds, then the nursing home is not legally entitled to go after assets that are not in your father's name. In other words, you and your siblings are NOT legally obligated to pay your father's unpaid debts unless you signed paperwork obligating yourselves to do so. Furthermore, when your father died, his estate should have gone through probate or some other legal process that would have given his creditors (like the nursing home) an opportunity to file claims against any assets your father may have owned at the time of his death in an effort to be paid. If your father did not own any assets to pay his debts, then the unpaid creditors are out of luck and are not entitled to look to you and your brothers to pay what your father owed. Again, the exception would be if you co-signed for any of the debt.

If your father was covered by Medicare, I recommend that you set up an appointment with an elder law attorney right away to find out whether in fact your father's former home is at risk. If it is, the attorney can advise you about what to do.

If your father was not covered by Medicare, then based on what you have told me, the nursing home is not entitled to go after his former home (Furthermore, in order to take it, the nursing home would have to file a lawsuit and win the lawsuit.), nor are you or your brothers legally obligated to pay your father's nursing home debt. If the latter is the case, then I recommend that you write the nursing home a letter telling it that you are not legally obligated to pay your father's debt and that you do not want to be contacted about it again. Make a copy of the letter and send it certified mail with a return receipt requested. If the nursing home threatens you with legal action, get in touch right away with a consumer law attorney who helps consumers resolve debt collection problems.

Dec 05, 2011
 Unpaid nursing home debt
by: Debtcollectionanswers.com

One other comment I neglected to make when I answered your question. If there is an outstanding mortgage on your deceased father's home, the mortgage lender is entitled to foreclose on the home to collect what it is owed unless someone -- your brothers I assume -- continue paying on the loan.

Jan 29, 2012
 medicare ?
by: Ted

I have a comment that we went thru with my grandfather. My mom and her sister went to an attorney to see about transferring my grandpaw's home and land into their name so they could put him in a nursing home so his medicare could pay for the nursing home charges so the family would not lose my grandpaw's home and land.

The attorney said, if they transfer the land from my grandpa's name to their name ( my mother and her sister) and they immediately put him in a nursing home - the attorney said it would be considered medicare (asset) fraud.

The attorney said in order for them to do the transaction legally my mom and sister would have to wait a minimum 2 years after the land / home transfer before they could put my grandpaw in a nursing home. So they took turns alternating keeping him a month at a time until the minimum 2 years had passed by.

Moral of the story, your father/grandfather_ I assume was elderly on social security and medicare? I'd bet on it. That being said him being on medicare then medicare paid for most if not all the nursing home.

Problem is, if you transferred his home/land in the 2 years or less prior to him going into the nursing home. You might not only have a financial problem owing some money to the nursing home.
You could be in criminal trouble with the federal government. I suggest like the other post above said__ you need to see an attorney immediately !!!
My mom and her sister was told by their attorney that 2 years was an estimate and he couldn't guarantee time frame / limit.

Transferring assets to get public aid that wouldn't otherwise be approved for ??? tricky, can be illegal___

Example:

Same logic applies that your grandpaw draw out his life savings so that asset wont count against him in order to qualify for food stamps.

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