Thursday, July 29, 2010

Is a surviving spouse legally required to pay off the deceased spouse's medical bills?

My mom died in Sept 2007. She left no estate. My dad has no assets besides his monthly social seciruti. Is he legally responsible for her bills? (medical, car loan, credit cards, etc)Is a surviving spouse legally required to pay off the deceased spouse's medical bills?
I'm sorry for you loss.


No, he is not responsible. Her estate(assets) are. If there are no assets in her name, or joint assets, then he doesn't have to pay anything. He just needs to inform them that she has past away and has no estate. They get to eat the cost of what insurance doesn't pay. Remember, if they had bank accounts, a house, cars, etc.. in both their names, or in her name, then she does indeed have assets and they could come after those. He will not get to keep a car that is in her name if he doesn't keep up the payments. Same with any other items she was paying on. He really needs to at least speak with a estate lawyer over the phone to get some real legal advice. Many lawyers will answer easy questions like this for nothing if you approach them right. Even if he does need to retain a lawyer this is open and shut and should cost very little-a one time visit for may an hour or two.


Remember, a individual is the only one responsible for their own debts. Even if you are married only you are responsible for your debts. The exceptions are assets that are jointly owned or debts that are jointly entered into. Since most married couples both sign for many debts and jointly own numberous things she may have more of an estate than you realize.Is a surviving spouse legally required to pay off the deceased spouse's medical bills?
Yes he is. If he's financially not able, then he needs to contact the medical providers %26amp; explain his financial situation. He is liable though.

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