medical bills after person dies

Am I obligated to pay medical bills from my husband after he has passed away?

Asked on March 8, 2018 under Estate Planning, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your loss. The theory for payment of the medical debts of a spouse is known as the Doctrine of Necessities, and it vaires from state to state.  Here it can be tricky, since where he was a legal resident and you are a legal resident will matter. In Kentuckey, a husband is responsible for these bills of a wife without creating a limit based on the ability to pay.  BUT a WIFE IS NOT SIMILARLY RESPONSIBLE, strange as it sounds. In Tennessee, both are equally responsible.  I would seek out help from a local attorney to be prepared for the fight, because TN is going to make the claim.  Good luck.


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