§ 143-126. Death of a person admitted; lien on estate.
§ 143‑126. Deathof a person admitted; lien on estate.
(a) In the event of the death of person admitted, leaving anycost of care unpaid, then the unpaid cost shall constitute a lien on allproperty, both real and personal of the decedent and shall be payable from thedecedent's estate as a fourth class claim after the payment of taxes to theState or its subdivisions.
(b) Upon the death of person admitted, the Department shall filea verified statement of account containing the following:
(1) The name of the person admitted;
(2) The date of death of the person admitted;
(3) The inclusive dates of the provision of care;
(4) The name of the institution providing care; and
(5) The amount of the unpaid balance.
Thestatement shall be filed in the office of the clerk of superior court in thecounty of residence of the deceased person admitted and in the county orcounties in which real property is located in which the decedent owns aninterest. The statement shall be docketed and indexed by the clerk.
(c) From the time of docketing, the statement shall be andconstitute due notice of a lien against all real property then owned in wholeor in part by the decedent and lying in such county to the extent of the totalamount of the unpaid balance for the decedent's care as evidenced by theverified statement of account. Payments made by a fiduciary including thosemade by a clerk of superior court, in full or partial satisfaction of suchlien, shall constitute a valid expenditure as provided in G.S. 143‑119.
(d) No action to enforce such lien may be brought more thanthree years from the date of death of the person admitted. The failure to bringsuch action or the failure of the Department to file such statement shall notbe a complete bar against recovery but shall only extinguish the lien andpriority established by it.
(e) Upon receipt of the unpaid balance by the institution orDepartment or upon agreement of compromise of such unpaid balance, theDepartment shall notify the clerks of superior court in the counties where thelien has been recorded that the unpaid balance has been paid, and the clerksshall cancel the lien of record. (1925, c. 120, s. 10; 1967, c. 960; 1973, c. 476, s. 133; 1985, c. 508,s. 11.)