If my husband died, amI responsible for medical bills and can my bank account be frozen?
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If my husband died, amI responsible for medical bills and can my bank account be frozen?
He was 64 when he died; had taken early retirement; also working part time. Insurance did not pay all of his bills. He did not own anything and the checking account is in my name. I am disabled and my disability check goes to the bank.
Asked on February 3, 2011 under Bankruptcy Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
VA law makes spouses jointly and severally liable for emergency medical treatment, including follow-up inpatient care during the initial emergency admission, received by either spouse from a physician or a hospital, so long as they are living together. However as to non-emergency care, unless a spouse specifically agreedto be responsible (by singing a contract or the like), a surviving spouse in not personally liable for such debt.
Note: The deceased spouse's estate remains liable. So indirectly a survivng spouse may be affected.
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