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  1. #1
    Join Date
    Nov 2009
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    Default Responsibility for Deceased Mother's Medical Bills in Ohio

    Ive read that in some states the descendants of the deceased don't have to pay their medical bills. My mom passed away from cancer this august and we're just starting to get her bills, in her name. My question is do my father and I have an obligation to pay her medical bills even though they are in her name. I live in Ohio and her treatment was done in Ohio.

    Any help is much appreciated, thanks!

  2. #2
    Join Date
    Sep 2005
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    Default Re: Responsibility for Deceased Mother's Medical Bills in Ohio

    The Ohio Code addresses spousal liability, reflecting a statutory 'doctrine of necessiites' under which a spouse can be held responsible for the cost of necessary medical care provided to the other spouse:
    Quote Quoting 3103.03 Married persons' obligations of support.
    This version is in effect until 07-06-2009
    (A) Each married person must support the person’s self and spouse out of the person’s property or by the person’s labor. If a married person is unable to do so, the spouse of the married person must assist in the support so far as the spouse is able. The biological or adoptive parent of a minor child must support the parent’s minor children out of the parent’s property or by the parent’s labor.

    (B) Notwithstanding section 3109.01 of the Revised Code and to the extent provided in section 3319.86 of the Revised Code, the parental duty of support to children shall continue beyond the age of majority as long as the child continuously attends on a full-time basis any recognized and accredited high school. That duty of support shall continue during seasonal vacation periods.

    (C) If a married person neglects to support the person’s spouse in accordance with this section, any other person, in good faith, may supply the spouse with necessaries for the support of the spouse and recover the reasonable value of the necessaries supplied from the married person who neglected to support the spouse unless the spouse abandons that person without cause.

    (D) If a parent neglects to support the parent’s minor child in accordance with this section and if the minor child in question is unemancipated, any other person, in good faith, may supply the minor child with necessaries for the support of the minor child and recover the reasonable value of the necessaries supplied from the parent who neglected to support the minor child.

    (E) If a decedent during the decedent’s lifetime has purchased an irrevocable preneed funeral contract pursuant to section 1109.75 of the Revised Code, then the duty of support owed to a spouse pursuant to this section does not include an obligation to pay for the funeral expenses of the deceased spouse. This division does not preclude a surviving spouse from assuming by contract the obligation to pay for the funeral expenses of the deceased spouse.
    This version is effective 07-06-2009
    (A) Each married person must support the person’s self and spouse out of the person’s property or by the person’s labor. If a married person is unable to do so, the spouse of the married person must assist in the support so far as the spouse is able. The biological or adoptive parent of a minor child must support the parent’s minor children out of the parent’s property or by the parent’s labor.

    (B) Notwithstanding section 3109.01 of the Revised Code and to the extent provided in section 3119.86 of the Revised Code, the parental duty of support to children shall continue beyond the age of majority as long as the child continuously attends on a full-time basis any recognized and accredited high school. That duty of support shall continue during seasonal vacation periods.

    (C) If a married person neglects to support the person’s spouse in accordance with this section, any other person, in good faith, may supply the spouse with necessaries for the support of the spouse and recover the reasonable value of the necessaries supplied from the married person who neglected to support the spouse unless the spouse abandons that person without cause.

    (D) If a parent neglects to support the parent’s minor child in accordance with this section and if the minor child in question is unemancipated, any other person, in good faith, may supply the minor child with necessaries for the support of the minor child and recover the reasonable value of the necessaries supplied from the parent who neglected to support the minor child.

    (E) If a decedent during the decedent’s lifetime has purchased an irrevocable preneed funeral contract pursuant to section 4717.34 of the Revised Code, then the duty of support owed to a spouse pursuant to this section does not include an obligation to pay for the funeral expenses of the deceased spouse. This division does not preclude a surviving spouse from assuming by contract the obligation to pay for the funeral expenses of the deceased spouse.
    Liability can also come by contract (signing a contract with the provider promising to pay any amounts not covered by insurance), or if the decedent has separate property against the decedent's estate. Absent a contract, a child shouldn't bear responsibility for a parent's medical bills.

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