legal question

[Hank]

This disease is a very expensive disease and many folks have ended up with huge medical bills. Anyone care to share what their attorney advised. I am thinking I need to take my name off of everything I own to protect my family.

 

[Atsugi]

Depends on your state law.
Here in Florida, collection agencies go after the relatives to pay the deceased's debts.

You should ask an estate attorney what your best bet is.

 

[Lkaibel]

In Minnesota, the debts of the estate come before any inheritances and "claw backs" can happen if money and assets were given away within a short time before death. As I understand it here, the "claw backs" are typically unsuccessful moves, but yes you need a lawyer for sure.

 

[scaredwifetx]

Hank, are you on disability and or Medicare? If so make sure to get a secondary insurance. This will limit your debts. In most states the Wife is responsible for your debts and if not married whoever is in charge of your estate will be. The debts will come out of the estate. I think in most cases medical is kind of a different issue. The amount of debt you ring up in this disease is mostly for medical care so anything you can do to make sure you are insured is the biggest step. There are also attorneys that will work with the disabled on a sliding scale if needed.

 

[lgelb]

I'm going to dispute that the biggest expense in ALS is "medical care." For most, it's more custodial care that is not covered by medical insurance, which includes lost income if/as caregivers leave paid work and/or cash out investments to care for their PALS. There is a widespread myth that most PALS need skilled nursing for a long period of time, which is not true.

I bring this up not for semantics but to point out that considering future options is something to do early and often, particularly if there is no one around who is willing or able to deliver care 24/7. It can be done with family alone but it is much harder if there are not other family/friends/part-time hands in the mix, at least to show up and hang out from time to time.

 

[scaredwifetx]

I agree Laurie and think of custodial care as a medical expense. I don't think about having anyone outside of family.

 

[njk0407]

Hi Hank,

My husband and I are in North Carolina too and just met with an estate planning attorney several weeks ago to get all of our affairs in order. They advised that we set everything up in a "trust account" so that they cannot come after me for any outstanding medical bills if my husband passes away. I am at work right now, but I can better explain it when I have the documents right in front of me. If you'd like to give me your phone number I can call you to better explain.

Thanks,
Nikki