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Doctor Bill / Probate Kentucky

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  • Doctor Bill / Probate Kentucky

    My mother passed away over a year ago. Her estate already went through probate and was closed. Now there is a doctor trying to collect a bill and is calling my brother constantly about it. (Incidentally we think this particular doctor did harmful things to her care so we are not anxious to pay her.) Anyway, am I not correct that her opportunity to collect was when the estate was in probate and she could make a claim against the estate at that time and the window for collection is now closed? Thanks.

  • #2
    Was the bill one that was known to your brother before probate was closed? Did your brother provide all creditors with the appropriate amount of notice as prescribed by law? If the reason that the bill wasn't paid before probate closed is that you disagreed with the doctor's treatment and you chose not to pay it, the fact that probate has been closed is irrelevant. The duty of the executor is to pay the debts of the deceased.
    I am not able to respond to private messages. Thanks!


    • #3
      No we didnt know anything about this bill until after the estate was closed. And yes, this doctor had adequate notification. She was there when our mother died! We had no idea she had an outstanding balance. My mother was on Medicare and we assumed that this doctor had been paid through that. Then she comes forward over a year later with this new bill.

      So from your reply does that mean that even when the estate is settled, any creditor can back any time in the future and collect the debt?
      Last edited by KATENC; 07-11-2008, 07:11 AM.


      • #4
        No, my response means that the potential exists for a creditor to put in a claim after an estate is settled if the executor of the estate fails to follow the letter of the law. The law provides that creditors must receive notice in a prescribed fashion; the fact that the doctor attended your mother at the time of her death is not a type of notice as prescribed by law.

        I'm not sure exactly how much time has elapsed, but it's not at all unususal for medical bills to come in up to a year after they are incurred because doctors offices may wait for insurance payments to come in before billing for the outstanding balance.

        If your brother is that concerned about it, he should consult a local probate attorney. If your brother is in the right, the attorney can send the doctor a letter telling her to cease and desist with the phone calls.
        I am not able to respond to private messages. Thanks!


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