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No health insurance - can they take the house?

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Holly_Hobby Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-29-08 07:21 AM
Original message
No health insurance - can they take the house?
Edited on Fri Feb-29-08 07:26 AM by Holly_Hobby
My brother's company went out of business in October and he hasn't been able to find another job yet.

He's in the hospital now, fighting for his life. He's been there a week, in CCU.

They have mortgage life insurance. If he were to pass, would the hospital be able to take the house, since the mortgage would be paid?

I know I shouldn't be thinking about things like this at this point, but he has a wife and 6 kids that would have no where to go.

Thanks.
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leftofcool Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-29-08 07:25 AM
Response to Original message
1. Check with an attorney
but I doubt anyone can take his house.

Left of Cool
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sabbat hunter Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-29-08 07:50 AM
Response to Original message
2. unless there is a lien on it
no one can take the house when the mortgage is paid up.
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Holly_Hobby Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-29-08 07:51 AM
Response to Reply #2
3. Could the hospital put a lein on it and take it? Thanks. n/t
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Midlodemocrat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-29-08 07:53 AM
Response to Reply #3
4. I don't believe so. If he passes, God willing he won't,
his wife wouldn't necessarily responsible for the bills. But, check with an attorney.

And, best wishes to your brother.
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RB TexLa Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-29-08 07:56 AM
Response to Reply #4
5. Correct, you are not responsible for other people's bills. This is a pretty simple concept

I can't think of a state that probates property between a husband and wife.
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KharmaTrain Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-29-08 07:57 AM
Response to Original message
6. Talk To An Estate Attorney
You might be able to put the house in a land trust that will protect it from creditors. Depending on how his mortgage is written has a lot to do with what a bank or creditor can do...another reason to talk to an attorney. There used to be protections in the bankruptcy laws that protected one's house, but that's been tossed out the window thanks to the predatory lenders...and a major cause for the credit market collapse.

For your own peace of mind, better to be safe than find out the hard way...speak with a lawyer...and hopefully he can direct you in ways to help your brother. I would hope the banks would be accomodating considering his situation and they don't need yet another foreclosed property on their hands and books.
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NNN0LHI Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-29-08 08:04 AM
Response to Reply #6
7. ...speak with a lawyer... Sage advice
I have discovered fifty or a hundred bucks for legal advice has been some of the best money I have spent.

Don
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KharmaTrain Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-29-08 08:09 AM
Response to Reply #7
8. It's Good For Peace Of Mind
I've had to handle several estates...it's no fun...especially when you deal with probate and liens and tax attorneys. I don't with that plague on anyone...especially someone who doesn't have much else than the house.

My mother-in-law had a stroke a year ago and we had her house put in a land trust that ensured her house couldn't be touched...and gave her peace of mind that her home would always be her home...great comfort that, fortunately, has helped in her recovery.

Trying to deal with an ill family member and financial distress is enough of a burden for anyone to handle. There are some very good attorneys out there...some will even provide pro-bono or discount services based on need.

Cheers...
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Holly_Hobby Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-29-08 11:01 AM
Response to Original message
9. Thank you for the responses and advice
Now if I can convince my sister in law...she's still in denial.
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