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Are You Responsible for a Spouse's Medical Bills After His Death

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  • 05-09-2013, 07:15 AM
    Kahleniel
    Are You Responsible for a Spouse's Medical Bills After His Death
    My question involves collection proceedings in the State of: Florida

    My mother never signed any medical treatment agreements or anything with the hospital in regards to my father's cancer treatment. He has recently passed away and the hospital now wants to collect the remainder from her. His will left everything to her so there is nothing to go to probate. My questions are these: Is she still responsible for any of his medical bills because she was his wife, and if not, is there a statute that states this? Also, is there anything she should do, i.e. writing a letter to the hospital or debt collections, stating this?
  • 05-09-2013, 08:57 AM
    Disagreeable
    Re: Widow Responsible for Husband's Medical Bills After His Death
    You are misunderstanding the administration of a will. Before any estate assets can be distributed by the executor, creditors must be paid. This means the assets of the deceased must be sold to satisfy the claims of creditors. If anything is left after that, the executor can distribute then as an inheritance. Failing to do so, is an illegal conversion of the estates assets.
  • 05-09-2013, 11:12 AM
    flyingron
    Re: Are You Responsibel for a Spouse's Medical Bills After His Death
    His will doesn't mean squat without probate of some form either formal, summary, or if you are eligible approved disbursement without administration
    While she is not necessarily responsible for his debts, unless the estate consists solely of exempt items, they can try to recover from the probate estate.
    Mother needs to be talking to an attorney rather than just assuming she does not have to do anything.
  • 05-09-2013, 07:01 PM
    Mr. Knowitall
    Re: Are You Responsible for a Spouse's Medical Bills After His Death
    The creditor has a valid claim against your father's assets. If your mom doesn't pay his bills from his assets, his creditors can pursue those debts. That would normally mean that they would open an estate and attempt to pull assets back into the estate to satisfy the debts. If we're talking a few hundred dollars in copayments, they may let things drop; if we're talking tens of thousands of dollars, they have an incentive to investigate the estate's assets and to try to recover money owed to them.

    The fact that there is a will or only one beneficiary does not mean that probate is unnecessary - probate is the process through which a will is put into effect. Some jointly owned or "payable on death" assets will pass to a beneficiary without going through the probate estate. For assets that pass by will, subject to family allowance and similar protections, a decedent's creditors have priority over beneficiaries for payment.
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