Who Pays the Medical Bills of a Deceased Individual in Florida?

If you have recently lost a loved one, financial issues may seem completely irrelevant in comparison to your emotional distress and grief. As the months and weeks pass, however, you could be confronted by all kinds of expenses. These include not only funeral costs, but also unpaid medical expenses your loved one might have incurred before their passing. Who pays these bills? How do you limit these costs for your family while maximizing your inheritance? These are questions you might want to ask your probate lawyer in Tampa.

The Estate Must Pay for Outstanding Medical Debts 

The general rule in Florida is simple: If there are outstanding medical debts after someone’s passing, the estate must pay these costs before anyone can inherit any nonexempt assets. The same logic applies to virtually all debts that a person leaves behind after their passing. These might include credit card debts, mortgage debts, and so on.

That being said, outstanding medical debts are relatively common. End-of-life care is not only common for people reaching the end of their lives, but it is also highly expensive. During these twilight years, a patient may suddenly incur hundreds of thousands or even millions of dollars in medical care. This is especially true in the event of an unforeseen emergency, as doctors may carry out certain expensive treatments without checking to see whether the patient is capable of paying for them.

How to Handle Medical Debts During Probate 

A key task during probate is to handle debts left behind by the decedent. However, not all debts are created equal in this context. Some debts must be prioritized over others, and there are many debts that must be resolved before a personal representative can address medical bills incurred within the last 60 days of life. There are three types of debts that are of higher importance compared to medical bills:

• Attorney fees
• Funeral costs
• Debts and taxes with preference under federal law

Once these debts are paid, the personal representative can address medical bills.

What Happens if There Isn’t Enough Money in the Estate to Cover Medical Bills?

If there is enough money leftover to cover medical costs after higher-priority debts have been settled, families can avoid paying the medical bills out of their own pocket. If there isn’t enough money to cover these costs, the debt cannot be passed onto the shoulders of family members.

In an ideal world, an estate would have more than enough to cover the medical bills and all other debts left behind. The remaining sum would be inherited by family members. Unfortunately, this isn’t always the case – and some families incur serious medical debt after losing their loved ones. A probate lawyer in Florida might be able to help if you are facing this issue firsthand.

Find an Experienced Probate Lawyer in Tampa 

If you’ve been searching for an experienced probate lawyer in Tampa, look no further than Knudsen Law. With offices conveniently located in Seminole and Tampa, we are ready to assist families with all their probate needs. We know that probate can be a confusing process – especially if you’re trying to figure out how to pay for various medical expenses. Reach out today to receive more detailed guidance based on your specific situation.

Sources: 

tampabay.com/news/florida-politics/2024/03/07/health-care-prices-desantis-medical-debt-collections-live-healthy/

acainternational.org/news/florida-legislature-unanimously-passes-medical-debt-bill/