Is a spouse responsible for the medical bills incurred by their deceased spouse?

What about payment from the the partner’s estate? And what if there aren’t enough funds to pay from the partner’s estate? Would a post-nup be necessary to spell this out if already married?

Asked on June 13, 2016 under Estate Planning, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In FL, one spouse is not liable for the debts, medical or otherwise, of their deceased spouse. If theie are not enough assets in the estate, then the debts will extinquish. The other spouse is not subject to the unpaid claims of their deceased spouse's creditors.

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