Is The Surviving Spouse Responsible For The Deceased Spouse Medical Bills in Missouri

[jbkrug13]

My question involves collection proceedings in the State of: Missouri

[lwpat]

Generally yes. You can Google "Doctrine of Necessities" for your state.

[Betty3]

Since Mo. is not a community property state, you *possibly* may not be. However, you do need to google "doctrine of necessaries" for your state (which can apply even in non community property states) & makes one spouse responsible for the other spouse's medical debts.

You can also ask an attorney in your state if this doctrine still applies currently in your state. Some states have abolished it, some recognize it just for medical debts & some recognize it for other debts besides med. debts (ie some credit card debts if both spouses benefited from use of the cards).

[aaron]

According to a recent case,

Under the doctrine of necessaries, a spouse may be held liable for necessary medical services provided to the other spouse if they maintain no separate assets. St. Luke's Episcopal-Presbyterian Hosp. v. Underwood, 957 S.W.2d 496, 499 (Mo.App. E.D. 1997).

[Betty3]

Did the deceased spouse have an estate to be probated from which some or all of the medical debts could be paid? Otherwise, please note aaron's post.

P.S. Thanks aaron.