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moix4

Junior Member
What is the name of your state? New York

My sister was named the executrix of our parent's estate. We (2 other sisters & myself) agreed that she & her family could continue to live in our parent's house & that eventually we would either "sell" her our shares & then she could remain there, or the house would be sold & the assets divided among the 4 of us. My sister was just diagnosed with a terminal illness & has no health insurance. She was hospitalized for approximately 1 week, and now has to decide whether or not she wants to continue any treatment towards recovery. We recently found out that shortly after our mother's death in 2001, that my sister transferred the deed into her name in the form of an executors deed, without consulting the rest of the family. When asked about it, she indicated that she was trying to get a mortgage/equity loan on the house to "buy us out", so she & her family could remain in the house. Unfortunately, she was unable to secure the loan.

The question I have is if she decides to go through the treatment, or even if it's just the hospital bills she has accumulated to date, can the house be "taken" by the state to cover the medical bills? (We have gotten conflicting "opinons" that only her share of the value of the house can be attached, and the opposite opinion that the entire house can be attached).
 


JETX

Senior Member
moix4 said:
The question I have is if she decides to go through the treatment, or even if it's just the hospital bills she has accumulated to date, can the house be "taken" by the state to cover the medical bills?
Yes..... and no.
ANY non-exempt asset in her name could be seized by her creditors (not the state) after they get a judgment against her. This includes the hospital, physicians, care-givers, etc.).
Simply, if the house is in her name as you claim, it would be considered HER asset.
 

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