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  1. #1
    Join Date
    Jul 2008
    Posts
    1

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

    My question involves collection proceedings in the State of: Missouri

  2. #2

    Default Re: Is The Surviving Spouse Responsible For The Deceased Spouse Medical Bills in Miss

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

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

    Default Re: Is The Surviving Spouse Responsible For The Deceased Spouse Medical Bills in Miss

    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).

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Is The Surviving Spouse Responsible For The Deceased Spouse Medical Bills in Miss

    According to a recent case,
    Quote Quoting Lester E. Cox Med. Ctrs. v. Richards, 252 S.W.3d 236 (Mo. App., S.D. 2008)
    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).

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

    Default Re: Is The Surviving Spouse Responsible For The Deceased Spouse Medical Bills in Miss

    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.

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