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  1. #1
    Join Date
    Mar 2008
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    5

    Default Is The Surviving Spouse Responsible For The Deaceased Spouse Medical Bills in Indiana

    My spouse passed away and his medical bills have been turned over to a collection agency He was under my health care plan but he signed all his papers on each doctors visit as to responsiblity of payment. Am I responsible for any bills the insurance did not pay?
    There is questions about the amounts they state I owe and the actual amounts also.
    We jointly owned our house, the truck he drove which he stated verbally he wanted his son to have and the title was changed to my sons name and mine as he does not have a license yet. Checking account was in both of our names but 2 years after he passed I changed it to my name only There was no will. We live in Indiana

  2. #2

    Default Re: Is The Surviving Spouse Responsible For The Deaceased Spouse Medical Bills in Ind

    Normally you are liable under the necessaries doctrine.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    5,252

    Default Re: Is The Surviving Spouse Responsible For The Deaceased Spouse Medical Bills in Ind

    Agree. A few states have abolished this old common law doctrine but I don't see where Indiana has.

  4. #4
    Join Date
    Mar 2008
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    5

    Default Re: Is The Surviving Spouse Responsible For The Deaceased Spouse Medical Bills in Ind

    I can not find the necessaries doctrine for Indiana anywhere does anyone know where I can find a copy.
    When the collection company first sent a notice it was 2004. I filled out papers regarding our expenses rent, utilities, bills medical insurance cost etc sent them a check for a small amount and told them I did not have the funds to pay anything as we had taken all his retirement out to pay for the insurance and his medication he was still alive at this time. I did not hear anything from the collection agency until exactly 2 years later (2006 spouse had since passed away). I had then requested them to send me a spreadsheet listing all the charges and the payments for the medical bills. When we looked at these and compared them to the insurance EOB sheets there were overcharges, and failure to respond to the insurance companies request for further information resulting in the insurance company not paying part or all of the bill that was in question.
    Next thing I know I get an alert from my credit card company (2007) stating a judgement had been placed on my report. As far as I knew we were still working on these matters with the insurance company as they said when I got all the papers from the insurance company we would sit down and discuss them. Not at all what was done

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Is The Surviving Spouse Responsible For The Deaceased Spouse Medical Bills in Ind

    Quote Quoting murphyslaw
    View Post
    I can not find the necessaries doctrine for Indiana anywhere does anyone know where I can find a copy.
    Call & ask an attorney in your state if the doctrine of necessaries is recognized there.

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