do I need to file probate when my husband had no will or any remaining assests?

UPDATED: Oct 1, 2022

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do I need to file probate when my husband had no will or any remaining assests?

my husband didn’t have a will, had no life insurance, owned no property and we
used all of savings to pay burial costs. I don’t know what to do about remaining
medical bills. I do not have the finances to pay these.

Asked on February 7, 2018 under Estate Planning, Ohio


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

Answered 4 years ago | Contributor

I am so sorry for your loss.  It does not sound like your husband had an estate to probate so I would say no, there is nothing for you to do.   As for the medical bills, surviving spouses are sometimes reponsible under the doctrine of "necessities." But you are only responsible to the extent that you are able to pay.  It does not sound like you are able.  If the providers persist and hound you call a legal services for help.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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