Hospital Billing has put a lien on inheritance!

[MichelleGilliam]

What is the name of your state (only U.S. law)? South Carolina
My husbands Grandmother passed away last November and she left a will. The will states that my husband along with his sister and three uncles are to sell everything and then split all the money. When my husband was about 20 years old he had a tragic accident and had no money to take care of bills. Since then our state taxes have been taken the past few years but because we have a disabled child that is all we are able to pay. Now that it is time to wrap up things with the will he gets a letter from the lawyer stating that the hospital has put a lien on his money and this is holding everyone else up from getting theirs also. Is this legal for them to put a lien on inheritated money? And is there anything we can do about this?

 

[nextwife]

The estates money needs to FIRST be used to pay the decedant's creditors BEFORE distribution to heirs is paid out. Inheritance is second. People pay their creditors after they die BEFORE they get to give away their money to heirs.

 

[MichelleGilliam]

Everything that his grandmother owed has been paid out. All is clear to give money to heirs. My husband has an old bill from hospital and they have put a lien on his inheritance money! Which is holding up all the others from getting their money also. Is there anything we can do?

 

[jumac]

Ok OP if i read you right what going on is

1. grandmother will state that after all bills paid that rest was to be sold and split 5 ways.

2. A hospital that your husband owed money to has put a lien to get there money on the money form will.

3. Because of said lien the other 4 people can't get their share of the money.

I would guess that the hospital is trying to claim that they should be paid before the money is split because your husbands share is not enough to cover the whole bill.

If I was you I would seek an lawyer that is an expert in this area and see what can be done. I can see the hospital having a clam on your husband's share but not the other 4 peoples share.

 

[MichelleGilliam]

Thanks you helped me! Yes you did get what I was saying!

 

[nextwife]

Is the lien on jointly held real estate that the heirs inherited or against the estate itself?

 

[MichelleGilliam]

The lien is on the money that my husband is suppost to get. No, it is not against the estate. But until something is done they are saying that it is going to hold up the others from getting their part. I really didn't think that a gift/inheratance you recieve could have a lien put on it especially when they are already recieving money for the bills!

 

[curb1]

What is the problem with paying the bills out of the inheritance?

 

[MichelleGilliam]

I don't really have a problem with paying the bill out of the inheritance but they are already being paid with our tax money every year. Also we have four children one whom is disabled and this money would help us take better care of him. This bill is also 16 years old which they have been getting our taxes for nine years now. He had this bill eight years before I even knew him and did not have this taken care of until we were married. I was just wondering if they have legal rights to his inheritance or if there was something we can do being that they are and have been recieving money?

 

[curb1]

Since the bill is 16 years old they are probably thinking this is the only way of getting paid. Pay the bill and move on. It probably makes no difference if the get the money now, or extract it after you receive it. The natural question is, "why do you have four children if you can't afford to pay your bills?".

 

[MichelleGilliam]

Honestly you guys are here for a legal forum not a personal forum! For your info. two are from a previous marriage and two are from my husband now. Like I stated before he had this bill already and I didn't think I needed to ask for his whole financial history before we got married! Not something you think about when you love someone and want to spend the rest of your life with them. Yes, you make sure you will live comfortably but we did not think our baby would be born with all his disabilities. You all need to stop with all the judements you put against everyone and give the advise that is asked for. Nothing more! If you can't do that then you need to stop giving advise!

 

[swrdmbo]

I am thinking along the same lines here...Your husband had a bill for 8 years before you married that he never PAID A DIME on, and now for the last 9 years they have been taking your tax returns to pay this bill.

Since you say he had this bill for 8 years before you met,and they have been taking out money for the last 8 or 9 years, I am thinking that you both chose to have 4 children AFTER the fact,knowing he owed this debt.He knew there were two children to support, and then you went and had two more.

I am also thinking your husband figured he was never going to have to pay this debt.Now he is upset that the hospital wants the money from his inheritance.
What is unfair about that? What is unfair is that all the rest of us ending paying the bill for people such as your husband. I am glad they have caught up with him and I hope they prevail with their claim.

I am sorry that one of your children is disabled. But that really does not absolve your husband from paying his debts.What is really unfair is to expect the hospital to absorb the charges, which then get passed onto people like me and everyone else that DID NOT use the services. Sorry but that is the truth.

 

[anteater]

I can't help it....

Is this the same hubby that you were dumping 4 months ago?

3-14-2009:
I have two kids from my ex and two kids from a marriage that I am ending.

https://forum.freeadvice.com/child-support-98/can-my-ex-get-more-child-support-458681.html

 

[curb1]

Michelle,
You said, "I don't really have a problem with paying the bill out of the inheritance ....". That really is the answer. Don't fight it, just pay it.