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  1. #1

    Liable for medical bills after death, time limit on estate

    What is the name of your state (only U.S. law)? Colorado

    OK- bear with me. My wife's father passed away earlier this year. She was his personal representative and power of attorney. We have paid all his bills and dealt with all of his affairs up to this point. He had Medicare A and B, and other insurance, so most of his bills have been paid. One doctor, however, has had to be held by the hand a couple times in the past. We received a notice from the estate lawyer that the last day to submit a claim against his estate was in November. After the date had passed, we received a bill from the same problem doctor for claims not paid by Medicare. For some reason, Medicare won't deal with my wife, saying they can only talk to the actual person the claims are for. The doctor's office can't get the claim right, so it has been denied again.

    He specifically stated in his will that any money was supposed to go to pay his medical debt first. As I said, we have paid any and all claims against him, medical and otherwise up to this point. This one is different, though. If the doctor's office would do it right, they would get their claim paid. The bill was invoiced after the final date to submit a claim against his estate.

    Any thoughts and advice are greatly appreciated.


  2. #2
    Um... anybody???

  3. #3
    Join Date
    Apr 2008
    how do you know that medicare and the other insurance plan will cover the bill? i suggest you get an itemized bill from this doctor and send it in to medicare and the other insurance company. if this doctor participates with medicare, then call medicare and talk to them since he might be in violation. your wife would need a copy from the court that indicates she is her father's personal representative inorder for medicare and the other insurance company to talk to her.

  4. #4
    Thanks for the reply.

    My wife knows that every other bill they have filed has been wrong, and not been paid. It takes no less than 10 phone calls each time to get them to file it right and get it paid, which should be their job, not ours. My wife is the one doing all this, and she's the one that knows the particulars, but it has to do with whether Medicare is primary or secondary insurance, and whether they file it under plan A or B. They file it wrong time after time after time, and then send the bills to us when they get denied. After several rounds of this, they file it the way my wife tells them to, and it gets paid.

    Medicare WILL NOT talk to my wife, regardless of what legal status she has on behalf of her father. She has talked to several people, some of whom have been very helpful, and it's a loophole there's no way around. Somehow, they cannot discuss the case with a personal representantive or POA. Period.

    So again, my wife knows how to get Medicare to pay, the doctor's office won't listen to her even when she's doing their job for them better than they can do it themselves, and they missed the deadline for claims against the estate. Why should she continue to do this on their behalf? We're not against paying a legitimate bill, but we don't want to pay a bill Medicare would cover. If the doctor can't do it right and missed the deadline anyway (assuming the deadline would apply to medical bills), we're inclined not to keep helping them.

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