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  1. #1
    Join Date
    Jul 2007
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    Question Wife's Responsibility For Deceased Husband's Medical Bills in New York

    In New York State what responsibility does a widow have for paying her deceased husband's medical bills? In this case the husband did not have an estate as they owned no real property, had a nearly drained bank account and all personal property was jointly owned. She did not sign any agreement to be financially responsible for his medical treatment. There was an earlier thread that seemed to indicate she did not have personal responsibility, only his estate was responsible but there was no support for that position. What statute or case law would apply to this situation?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Wife's Responsibility For Deceased Husband's Medical Bills in New York

    New York apparently applies the doctrine of necessities to medical debt incurred by a spouse. However, the rule appears to require that the expenses be incurred on the credit of the surviving spouse and that she has the ability to pay. You suggest that the creditor's claims would fail on both of those tests.
    Quote Quoting Promenade Nursing Home, Inc. v Lacey, 814 N.Y.S.2d 564; 10 Misc. 3d 1066A (2005)
    A cause of action for medical necessaries, however, is only viable if the primary debtor ... is unable to satisfy the debt out of his own resources. (See Gilberg v Lennon, 212 A.D.2d 662, 622 N.Y.S.2d 962 [1st Dept 1995]; Medical Bus Assocs v Steiner, 183 A.D.2d 86, 588 N.Y.S.2d 890 [2d Dept 1992].) In addition, the doctrine of necessaries requires a showing that the necessaries were furnished based on the credit of the spouse and a showing that the amounts alleged to be owed are commensurate with the spouse's means. (See Our Lady of Lourdes Memorial Hospital, Inc. v Frey, 152 A.D.2d 73, 548 N.Y.S.2d 109 [3rd Dept 1989].)

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    Default Re: Wife's Responsibility For Deceased Husband's Medical Bills in New York

    N.Y. - not a community property state.

    I agree that the spouse in this particular situation per N.Y. law would not be responsible for the medical debts of the husband under the doctrine of necessities. If there had been an estate, a claim would have had to be made against the estate for payment.

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