Patient “Resided” at Long-Term Care Facility at the Time of Death

Dorothy Faya, 81, lived in Catonsville, Maryland until she was taken to a chronic-care hospital in the City of Baltimore following an injury. Baltimore is a different county than Catonsville, and Ms. Faya stayed in the Baltimore hospital for eleven months before passing away. At the time of her death, Ms. Faya owed the facility $206,343.

Maryland state law permits creditors who file claims before the appointment of a personal representative to file the claims with the register of wills in the county where the decedent “resided” at the time of death. The hospital filed a claim against Ms. Faya’s estate with the register of wills in Baltimore before probated started, and a few months later, once Ms. Faya’s will was admitted to Probate in Baltimore County, the personal representative denied the hospital’s filed claim. The personal representative stated the claim was not timely filed and argued that, even if it was timely filed, it was still invalid because Ms. Faya did not “reside” in Baltimore at the time of her death.

In Boer v. University Specialty Hospital (Md., No. 67, Aug. 19, 2011), the Maryland Court of Appeals held that Ms. Faya resided at the hospital at the time of her death. The court held that a creditor must be able to determine residency easily, so the question of residency “ultimately must be determined on the basis of objective facts beyond [Ms. Faya’s] subjective hope, intention, or expectation.”

See Patient “Resides” at Long-Term Care Facility for Purposes of Creditor Claims, Elder Law Answers, Aug. 25, 2011.