Is a Widow Responsible for Deceased Spouse's Medical Bills

[helpmyFLmom]

My question involves estate proceedings in the state of: FL.

My father recently passed away. There is no estate.

We've tried contacting the emergency medical response company and they will not bill the VA center direct, nor will they stop billing my mom, nor will the accept my word that he is deceased and there is no estate. I believe they are going to send my dad's bills to collections.

Would my mother be held personally responsible for the emergency medical bills he incurred when he passed away?

[Mr. Knowitall]

It appears that Florida's Supreme Court abolished the common law "doctrine of necessities" in 1995; Connor v. Southwest Florida Regional Medical Center, Inc., 668 So. 2d 175 (Fla. 1995). Thus, unless she signed a contract committing to pay the bills, it does not appear that they would have any direct claim against her. Has your mother tried sending the Emergency Response Company a copy of the death certificate?

[Betty3]

Agree, Fl. did abolish the "doctrine of necessaries" & Fl. is not a community property state. Therefore, your mother should not be responsible for your father's medical bills as long as she didn't sign anything taking financial responsibility.

[helpmyFLmom]

It appears that Florida's Supreme Court abolished the common law "doctrine of necessities" in 1995; Connor v. Southwest Florida Regional Medical Center, Inc., 668 So. 2d 175 (Fla. 1995). Thus, unless she signed a contract committing to pay the bills, it does not appear that they would have any direct claim against her. Has your mother tried sending the Emergency Response Company a copy of the death certificate?

We will send it and see what happens. Thank you very much!

[helpmyFLmom]

She won't know what was signed as it occured out of state (MS) while they were traveling. I assume since FL is her resident state that FL law supercedes MS law but am not sure. This is a little complicated.