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  1. #1
    Join Date
    Apr 2010
    Posts
    1

    Default Responsibility For Deceased Husband's Medical Bills

    My question involves collection proceedings in the State of: NC
    My husband passed away and has medical bills dated back to 2001. In the probate process they published a notice in the paper for anyone to come forward if he owed money. The hospital came forward in time and said he owes hospital bills from 2001-2008. Can they legally get this money from the estate or is there a statue of limitations on the amount of time?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Deceased Husbands Medical Bills

    I am not sure about the debt that is actually beyond the SoL but here is a bit of info concerning the SoL of North Carolina:

    a statute of limitations does not absolve one of the debt. It is an affirmative defense should one be sued.

    the SoL is 3 years so at least some of the debt would still be within the SoL.

    if there were any payments on any of the debts, the SoL was reset to begin on that date

    so, before I would get to set on claiming the debts are no longer collectible, I would determine just which debts would be within the SoL and plan on paying them.

    as to the others, I suppose you could claim they are beyond the SoL and see what happens. The worst that could happen is the estate would get sued and if the SoL is an acceptable argument, any debts outside of the SoL would not be collectable through the courts. If found to be valid, pay them.

    hang on for some others input.

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