37.2-721 - Liability of estate of consumer. - Virginia Statutes

§ 37.2-721. Liability of estate of consumer.

Upon the death of any consumer or former consumer, his estate shall be liableonly for the charges remaining unpaid and not more than five years past dueand the unsatisfied portion of any judgment rendered by a court in aproceeding under this article. Upon the death of any consumer or formerconsumer, the provisions of § 37.2-717, which prohibit depleting theconsumer's estate below $500, shall after funeral expenses have no furtherapplication, and such sum may be applied to the charges of the Departmentremaining unpaid or may be applied to the unsatisfied portion of any judgment.

Upon the death of any consumer or former consumer in the event amounts remainunpaid for his care, treatment or training, and maintenance, the Department,having reason to believe that the consumer died possessed of real or personalproperty from which reimbursement may be had, shall prepare and acknowledge,as deeds are acknowledged, a notice showing the name of the consumer and theactual per diem cost of maintenance due and shall file the notice within fourmonths of the date of the consumer's death in the office of the clerk of thecourt in which deeds are admitted to record in the county or city in whichthe real or personal property is located. The clerk of court shall recordthis notice as a lien is recorded, indexing it in the names of the consumerand the Department. The filing of this notice shall create a lien against theestate, both real and personal, of the deceased consumer prior to all otherclaims of the same class except prior liens. No such claim shall be enforcedagainst any real estate of the deceased consumer while such real estate isoccupied by the surviving spouse of the consumer or while such real estate isoccupied by any dependent child of the consumer.

(Code 1950, § 37-125.14; 1952, c. 492; 1954, c. 445; 1968, c. 477, §37.1-117; 1972, c. 383; 1976, c. 671; 2005, c. 716.)