Attorney Answers San Diego County Wills & Probate QuestionWills, Trust, Probate - San Diego, California. My father has died. He has outstanding medical debt because he had no insurance while he was in the hospital dying. He lived in San Diego, California. He also had no will. His wishes were for myself to take over his home and for my sister to have what money he had. Can the hospital take the home or any remaining money or 401ks etc... to pay the medical bills. We are not wanting this to happen.
Attorney's Response to Wills & Probate Question from San Diego CountyI'm very sorry, but your father's debts have to be paid, before any of his estate can go to you or to your sister. It doesn't matter whether he had a will or not, this would still be the law. If there's more value in the estate than there are debts, it's your choice what gets sold to take care of the bills. Unfortunately, there's no way that you can prevent the house being sold, or the other assets being taken, if that's what's needed to make all the payments your father owed. For more specific legal advice that is based on a full evaluation of your father's estate, you may need to talk to a Wills/Probate lawyer in San Diego, California. Have a question for a San Diego County Wills & Probate Attorney, ask here.

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