Advice on ambulance bill

You’re not personally responsible for this ambulance bill unless specific circumstances make you liable. Here’s a clear breakdown of your options and legal rights:

Key Points to Understand

Debt of a Deceased Person:
- When someone passes away, their debts are typically paid out of their estate (assets they owned at the time of death). If there is no estate or the estate lacks sufficient funds, the debt is generally uncollectible.
Are You Legally Responsible?
- You are not automatically responsible for a deceased family member’s debt unless:
  - You co-signed for the service.
  - You agreed to pay the bill as a guarantor.
  - Your state has a “filial responsibility law” (though these laws are rarely enforced).
Role of the Collection Agency:
- The agency is attempting to collect from the estate, not you personally. If your MIL had no estate, you are not obligated to pay. Debt collectors often hope people don’t know this.

Steps to Take

1. Confirm the Status of Your MIL’s Estate

Determine if she had an estate: Did she leave behind assets like a bank account, property, or other valuables? If not, this is considered a “no-asset estate.”
If there’s no estate or her estate was closed without sufficient assets to cover debts, the debt cannot be collected.

2. Communicate with the Collection Agency

Send a written letter via certified mail to the collection agency stating:
- Your MIL had no estate or assets at the time of death.
- You are not responsible for her debts.
- Request they stop contacting you.
Use the phrase: “Per the Fair Debt Collection Practices Act (FDCPA), cease all communications regarding this debt.”

3. Know Your Rights

Under the FDCPA, collection agencies cannot:
- Mislead you into thinking you’re personally responsible.
- Harass you or threaten legal action without basis.

4. Review Filial Responsibility Laws in Your State

A handful of states have laws requiring adult children to cover a parent's medical debts under certain circumstances. However, these are rarely enforced, and most apply only if the parent had no Medicaid coverage. Research your state laws or consult an attorney if concerned.

5. Dispute the Debt (if Necessary)

If the collection agency persists, you can formally dispute the debt:
- Request validation of the debt to confirm it was indeed your MIL’s responsibility.
- Reiterate that she left no estate.

What Happens if You Do Nothing?

If no estate exists and you are not legally obligated, the debt will remain unpaid, and the collection agency cannot force you to pay.
It may eventually write off the debt as uncollectible.

Practical Example of Your Response

Here’s an example of a letter you could send to the collection agency:

[Your Name] [Your Address] [City, State, ZIP Code]

[Date]

[Collection Agency Name] [Agency Address] [City, State, ZIP Code]

Re: Estate of [MIL’s Name], Account #[Account Number]

Dear [Collection Agency Name],

I am writing regarding the above-referenced account. Please be advised that [MIL’s Name] passed away on [Date of Death] and did not leave an estate or any assets to settle her outstanding debts. I am not responsible for this debt and have no obligation to pay it.

Under the Fair Debt Collection Practices Act (FDCPA), I request that you cease all communications regarding this debt. Please confirm in writing that this matter is closed.

Thank you for your attention to this matter.

Sincerely, [Your Name]

Summary

You are not responsible for this debt if you didn’t co-sign or agree to guarantee payment, and if your MIL had no estate.
Communicate clearly with the collection agency, assert your rights under the FDCPA, and don’t let them intimidate you into paying.
If you’re unsure about specific state laws or the estate’s status, consult a local probate attorney for peace of mind.