When a parent dies, their medical bills are generally paid from their estate, meaning the money and property they left behind, so family members usually don't have to pay those bills from their own money. There are exceptions, such as if you co-signed for the debt or, in some states, if you're the surviving spouse. If the estate doesn't have enough money, the debt usually goes unpaid.
Who has to pay a parent's medical bills?
The Consumer Financial Protection Bureau (CFPB) says that when someone dies, their debts are generally paid from the estate. If the estate can't pay and no one else shared responsibility, the debt may go unpaid.
The CFPB lists exceptions where you could be responsible:
- You co-signed the debt.
- You're a joint account holder.
- You're the surviving spouse and your state requires spouses to pay certain kinds of debt.
- You're the surviving spouse in a community property state that requires using jointly held property to pay a spouse's debts. The CFPB lists Alaska (if a special agreement is signed), Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
- You're the executor or administrator, and state law requires paying a bill from property jointly owned by the spouses.
The Federal Trade Commission (FTC) lists similar exceptions, including a spouse in a state that requires paying certain healthcare expenses, and someone responsible for the estate who didn't follow state probate laws.
Being an adult child isn't one of the exceptions on these lists. If a provider says you owe a parent's bill personally, ask them to show you in writing why.
What if I'm the executor?
The CFPB says being the executor, administrator, or personal representative doesn't make you responsible for paying the debt with your own money. It means you can use estate assets to pay the debts, after making payments to survivors according to state law. State law also sets the order in which debts are paid.
What can debt collectors do?
The FTC says collectors can discuss a deceased person's debt with the spouse, the parent of a deceased minor, a legal guardian, a lawyer, the executor or administrator, or anyone else authorized to pay debts from the estate. They may contact other relatives only to find the right person, and they can't discuss the debt details on those calls.
Collectors can't lie or imply that you have to pay the estate's debts from your own money. The FTC says it's illegal for them to harass you to pay.
The CFPB says that in most cases the collector must give you details about the debt in your first conversation or within 5 days, usually with a written validation notice. If a collector refuses to give details, the CFPB says you could be dealing with a scam.
What should I do with the medical bills?
1. Gather everything. Collect bills, Medicare Summary Notices (MSNs), plan Explanations of Benefits (EOBs), and any Medigap statements.
2. Don't pay from your own money right away. Wait until you understand whether you're responsible and how the estate will be handled.
3. Make sure insurance was billed. Final bills can arrive before Medicare, Medigap, or Medicaid has paid. Match each bill to an MSN or EOB.
4. Ask for itemized bills. End-of-life care can include many charges. Check for duplicates and services after the date of death.
5. Ask about financial assistance. Nonprofit hospitals must have financial assistance policies. Ask whether the estate can apply.
6. Send the providers a notice of death. Give them the name of the executor or the estate's contact, and ask them to send bills there.
7. Watch for an estate recovery notice. If your parent had Medicaid long-term care, the state may file a claim against the estate. See our article on Medicaid estate recovery.