How To Protect My House From Medical Debt

How To Protect My House From Medical Debt - Can A Hospital Take Your House For Unpaid Medical Bills - Can A Trust Protect Assets From Medical Bills - Can Your House Be Taken For Medical Bills

Wondering how to protect your house from medical debt? 

This article will teach you how to protect your house from medical debt creditors. 

Keep scrolling to learn more.

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How To Protect My House From Medical Debt

Let’s say that you think you’ll be facing significant medical debts. 

And that the healthcare providers may come after your house to pay these debts. 

This is if you’re unable to protect yourself against medical debts with ways, like: 

You can protect your house from medical debts using an irrevocable trust

An irrevocable trust removes your name from your house. 

And places the ownership of the house under the trust’s name

Creditors cannot access your house to repay the medical debts that you owe. 

This is because you don’t own the house – the trust does. 

Here are some rules for a trust to NOT be accessible by medical bill creditors:

  • the trust has to be irrevocable
  • you cannot be the beneficiary
  • you or a close family member (i.e., a spouse) cannot be the trustee 
  • the trust has to get established BEFORE you have medical bills
  • the house has to be placed in the trust correctly

You will need a trust lawyer to set this up correctly. 

Fill out the form on this page to get your free consultation. 

Example Client Wanting To Protect Their House

We had a wife call us because:

  • her husband didn’t have a job
  • he had looming medical issues
  • her insurance didn’t cover him 

She was concerned that their house could get claimed to repay the medical debts. 

Initially, she wanted to quit claim deed his half of the house to her. 

This would put it 100% in her name. 

The issue is that the house is marital property and creditors could come after it. 

The only way to protect the house from his medical debt would be to:

Here are some other notes: 

  • a revocable trust can get penetrated by creditors
  • if he’s the trustee, creditors can access the property in the trust
  • if either of them are beneficiaries, creditors can penetrate the trust

In their case, we set up the irrevocable trust rules such that: 

  • while they were alive, they could sell the house
  • when they passed, the house automatically went to their daughter

The benefits of this set up were that: 

  • they could still use, enjoy, and sell the house as they wished
  • the house bypassed probate, keeping out of the creditors’ reach
  • the creditors couldn’t find or access their property in the trust

If you would like a similar set up for yourself, fill out the form on this page. 

FAQs About How To Protect Your House From Medical Debts

Here are other questions that this wife asked us on our free consultation call. 

Can You Sell A House In An Irrevocable Trust?

Yes, you can sell a house in an irrevocable trust.

But the trustee, who is the person managing the trust, must sell the house. 

The process goes like this: 

  • the trustee puts the house up for sale
  • the house gets sold
  • the money from the sale stays within the trust (not in your personal account) 

This is because the trust owns the house, not you. 

The trustee then uses this money according to the rules of the trust.

Often benefiting the people the trust was set up to help.

After selling the house in a trust, those funds can buy the next house. 

Can A Trust Protect Assets From Medical Bills?

Yes, a trust can protect assets from medical bills.

But only an irrevocable trust – not a revocable trust.

Placing assets into an irrevocable trust takes ownership out of your name.

And places it under the trust’s ownership.

This means the assets are no longer yours; they belong to the trust.

These assets are not in your possession.

So, they cannot be accessed by creditors for medical bills.

The trust acts as a shield, keeping the assets safe from personal liabilities and debts.

However, the protection effectiveness depends on:

  • the trust’s setup
  • the timing of the transfer
  • adherence to legal procedures

Can Your House Be Taken For Medical Bills?

Yes, your house can be taken for medical bills. 

Here’s how your house could get taken for medical bills:

  • Medical Bills Pile Up: If you have unpaid medical bills, they can become a large debt over time.
  • Debt Collection: The hospital or health provider may send your debt to a collection agency if you can’t pay.
  • Legal Action: The collection agency can sue you for the unpaid bills.
  • Court Judgment: If the court decides against you, the creditor may receive a judgment to collect the debt.
  • Lien on Property: The creditor can place a lien on your house. This means the debt is attached to your property.
  • Forced Sale: In some cases, this can lead to a forced sale of your house to pay off the debt.

However, the outcome depends on several factors:

  • Homestead Exemption: Some states protect your primary home from being sold for debt through homestead exemptions.
  • Type of Debt: Secured debts (like a mortgage) take priority over unsecured debts (like medical bills).
  • State Laws: The laws vary by state. Some states offer more protection for your home than others.

Can A Hospital Take Your House For Unpaid Medical Bills?

No, a hospital cannot directly take your house for unpaid medical bills. 

Here’s how it typically works:

  • Bill Collection: First, the hospital will try to collect the unpaid bills.
  • Debt Collection: If you can’t pay, the hospital might send the debt to a collection agency.
  • Legal Action: The collection agency can sue you for the unpaid bills.

Key term: Judgment. 

If the court decides in favor of the collection agency, they get a judgment. 

This judgment allows them to collect the debt.

  • Asset Seizure: With a judgment, collectors may try to seize assets. However, they usually target bank accounts or wages.

Your house is often protected by:

  • Homestead Exemption: Laws in many states protect your primary residence from being seized for such debts.

Protect Your House From Medical Bills

If you want to protect your house from medical bill creditors, fill out the form below. 

At The Hive Law, we understand the importance of:

  • protecting your hard-earned assets 
  • ensuring your family’s future
  • not losing everything to creditors and lawsuits
  • properly (and legally) distributing assets 

We only accommodate a limited number of clients each month.

So don’t miss your opportunity to work with our trust fund lawyers.

Benefits of our trust services:

  • Tailored solutions to fit your unique needs and goals
  • Expert guidance in navigating complex tax and legal matters
  • Preservation of your wealth for future generations
  • Streamlined asset distribution according to your wishes

Avoid the pitfalls of inadequate estate planning strategies:

  • Medical bill creditors seizing your assets
  • Lawsuits jeopardizing your family’s financial security
  • Family disputes over inheritance
  • Costly and time-consuming probate processes

Talk soon.

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We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)

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