How liable is a spouse for the other spouse’s medical bills? If spouse dies with big medical bill, does surviving spouse have to pay it off? Will, or can, hospital/doctors take legal action to collect from surviving spouse?
Thanks.
IANAL, so consider this a bump.
My gut reaction was that married couples were effectively one entity for debt purposes, but it seems that I may well be wrong. This Minnesota law site says that, in general, you’re not (in Minnesota, naturally 
).
However, it makes an exception for medical bills if you were cohabiting at the time, so in most cases, in Minnesota, you’re stuck with them. Given that it’s a legal debt, it can be collected in the same manner as any other debt and it’s probably fair to assume that the hospitals will collect.
Btw, I don’t have a Minnesota fetish, that was just the first link that I found when searching . Seems like your location is relevant.
Don’t believe anything you see on the internet! It may well be true but more than likely it will not be. Talk to an attorney that is licensed IN YOUR JURISDICTION! If you don’t want to spend a few bucks on an attorney then contact any ACCREDITED Law School in your area. Most of them offer free lagal clinics.
If there was joint property (e.g. a house) then they are going to get it that way. Otherwise no idea
a quick google check showd that it probably varies from state to state. E.g.
“In Maryland, you are not responsible for debts, claims, or actions of your spouse that arose prior to your marriage. Also, you are not liable on a contract made only in your spouse’s name. This includes all expenses and debts incurred by your spouse alone. You are not responsible for loans made only to your spouse, for credit card debts if the cards are only in your spouse’s name, or medical bills for services provided to your spouse” from http://63.140.253.196/consumer/liability_spouses_debts.htm. (link dead, from google cache).
same seems to be true in Maine http://janus.state.me.us/legis/statutes/19-A/title19-Asec804.html
One supposes that it would be hard to avoid in many cases, e.g. with a shared house ot bank account there would may no defense. Only if you kept your affairs quite separate would you be able to avoid payment
Generally, under U.S. law a spouse is not responsible for the debts of his or her spouse (unless they jointly assumed the debt). However, a spouse does have an obligation to support his or her spouse, so he or she may be responsible for their medical bills.
I don’t know the answer to the question of whether a spouse who died would have his or her medical bills discharged in probate, or the surviving spouse would be responsible.
This is all a matter of state law, and the answer may vary by state. If you have a specific question, please contact a lawyer practicing in your jurisdiction.
Thanks, all. I am concerned about Oklahoma, and shall try to track down answer by trying to get free advice at cocktail parties, etc.
I live in California, and my mother passed away last year and my step father is considered responsible for paying all the medical bills accumulated. they had a joint checking account, if that makes a difference.
Good move. Much more reliable. And at least you get to drink at the same time.
It depends on who’s the main cook.
The Daily Ardmoreite saves! Seems that you are liable (if you believe a couple of lines in a newspaper ):
I’m not sure what qualifications this Bruce Williams has to be dispensing the advice he did but I don’t think it’s correct. Yes, the estate is liable for the debts and if the widow is the executrix then she is responsible for dispensing the assets of the estate to satify the debts of the estate, but if the assets are exhausted before the debts are satisfied I don’t believe creditors in Oklahoma can go after the widow’s assets to satisfy them. Oklahoma is not a community property state.
Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.