QUESTION

Am I responsible for my dead husband's hospital and doctor bills?

Asked on Dec 27th, 2011 on Estate Planning - New York
More details to this question:
My income has been cut in half and monthly bills are way over what I make at this time. Am i responsible for them and if I do not pay them what will this do to me? These are Hospital bills and Doctors.
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5 ANSWERS

Generally, either spouse is fully responsible for community debts. You may need to consult a bankruptcy attorney to assist you with the debts left by your husband's passing.
Answered on Dec 30th, 2011 at 12:50 PM

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Glen Edward Ashman
In Georgia (and it appears you posted on a Georgia site - the answer is different in some states), you are not personally liable for a spouse's debts unless you signed for them. However, before you can inherit from his estate his creditors must be paid from the estate.
Answered on Dec 29th, 2011 at 8:31 PM

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First, if any property of your husband will go through probate (not jointly owned) then the probate estate should handle his debts. Second, if no probate, the answer is probably. As with any legal question, always best to have legal advice from a lawyer who represents you, and is looking out for your interests. The general rule in Oregon is that spouses are liable for expenses of the family, and these would generally include medical expenses. Also, in general if you inherit property you are liable for the decedent's debts to the extent of the value of what you inherited. That said, hospitals and medical providers will normally work with you. Some have deals with no-interest credit providers; others will reduce or write off their bills. The Oregon State Bar has a lawyer referral service. You can get referred to some estate lawyers who will meet with you for a consultation at a set fee.
Answered on Dec 29th, 2011 at 6:17 PM

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Probate Attorney serving Las Vegas, NV
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It depends on if you signed as a responsible party. Additionally to the extent your father had assets that were given to you in the past few years or upon his death, you may be responsible to the extent of the gifts or inheritance. If you received no gifts, no inheritance and did not sign as a responsible party, then you should not be responsible. If you did, you should speak with an attorney.
Answered on Dec 29th, 2011 at 6:05 PM

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Probate Litigation Attorney serving Garden City, NY at Berkman, Henoch, Peterson & Peddy, P.C.
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The answer to your question is rather complicated. Generally, unless you are contractually obligated, a joint debtor or co-signor you are not responsible for your deceased husband's debts. If your husband died with assets (money or property), then his estate may be responsible for the debts. The executor or administrator of the estate will need to negotiate and pay your husband's debts to the extent that there are sufficient assets to pay. If your husband died with no assets, then the debts do not get paid. However, medical creditors may seek to hold you liable under the doctrine of "medical necessaries." In order to do so, a creditor must show that the services were rendered based upon your credit. In addition, the creditor must show that the amounts alleged to be owed are commensurate with your means. I suggest that you seek out the advice of an attorney for a more detailed examination of your particular circumstances.
Answered on Dec 29th, 2011 at 4:11 PM

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