An unpaid medical provider can't just seize your house at will. It's possible to lose your home because of an unpaid medical bill, but it's unlikely. Unlike a home loan company, a medical creditor doesn't have a mortgage secured by a claim on your house. That makes it much harder to foreclose to collect what you owe.
Include cash, checking and savings accounts, cars, and real estate. You may want to keep in mind that vehicles and real estate may depreciate in value over time, so occasional adjustments of the total worth may be necessary. You may be able to protect your assets with more certainty if you create an irrevocable trust.
If you use Medi-Cal, the State of California will come after your estate for any medical bills that were paid on your behalf. Both federal and state laws require reimbursement of Medi-Cal costs from any assets you have left under your name, namely your home.
It is important to note that while assets in a revocable trust are protected from Medi-Cal Estate Recovery, a revocable trust will not help you become eligible for Medi-Cal if you have too many countable assets for the progarm.
One type of trust that will protect your assets from your creditors is called an irrevocable trust. Once you establish an irrevocable trust, you no longer legally own the assets you used to fund it and can no longer control how those assets are distributed.
If you don't satisfy a judgment within 30 days in most states, the hospital can legally collect the debt in a number of different ways. For example, the hospital could take money from your bank account, seize your property and sell it, or garnish your income.
With a revocable trust, your assets will not be protected from creditors looking to sue. That's because you maintain ownership of the trust while you're alive. Therefore if you lose a lawsuit and a judgment is awarded to the creditor, the trust may have to be closed and the money handed over.
Uses of Revocable Living Trusts
Your assets are not protected from Medicaid in a revocable trust because you retain control of them. The primary benefit of a revocable trust is that you can name a beneficiary who will receive payouts from the trust after your death.
If you are considering moving a qualified pension plan to an IRA and are concerned about an unpaid hospital bill, you might want to rethink the rollover. Qualified plans -- including 401(k)s, 403(b)s and 457s -- are completely protected under the Employee Retirement Income Security Act from creditors.
Talk to someone as soon as you receive your bill and have verified its accuracy. If you have a low income or are experiencing financial hardship—even if the hardship is due entirely to your medical bills—request hardship assistance. Hospital charity care may be available based on your income and savings.
After a period of nonpayment, the hospital or health care facility will likely sell unpaid health care bills to a collections agency, which works to recoup its investment in your debt. The amount of time before a debt goes to collections can vary depending on the health care provider, location or service received.
Dear Sir or Madam: I am writing to notify you of my inability to pay the above-referenced bill for (describe your condition and treatment). I have received the enclosed bill (enclose a copy of the documentation received from the billing company), but I am unable to pay the bill as outlined.
The downside to irrevocable trusts is that you can't change them. And you can't act as your own trustee either. Once the trust is set up and the assets are transferred, you no longer have control over them.
As long as you make your payments as agreed, the hospital typically will not pursue garnishment of your bank accounts or earnings.
While medical debt remains on your credit report for seven years, the three major credit scoring agencies (Experian, Equifax and TransUnion) will remove it from your credit history once paid off by an insurer.
Hospitals often ask patients for permission to access their financial records, but such authorization is sometimes buried in the fine print. What's more, hospitals could scour a patient's financial records for credit lines and encourage the patient to tap them, despite high interest rates or other costs.
Revocable, or living, trusts can be modified after they are created. Revocable trusts are easier to set up than irrevocable trusts. Irrevocable trusts cannot be modified after they are created, or at least they are very difficult to modify. Irrevocable trusts offer tax-shelter benefits that revocable trusts do not.
Putting your house in an irrevocable trust removes it from your estate, reveals NOLO. Unlike placing assets in an revocable trust, your house is safe from creditors and from estate tax. If you use an irrevocable bypass trust, it does the same for your spouse.
The best kind of Trust for keeping one's assets safe from creditors and court judgments is an irrevocable trust; once created, the grantor cannot change it.