Is a surviving spouse responsible for medical bills in Washington State?

If you have outstanding medical bills, nursing home bills, or any expense related to your long-term care, your spouse or family members may be responsible for paying it back per your state’s filial responsibility laws.

Who is liable for a spouse’s medical debt?

There is some overlap between the two, but in most states, one spouse is liable for the medical debts of the other. The doctrine of necessaries may make one spouse liable for the necessary expenses of the other.

Who is responsible for a spouses community property debt?

Community Property – Both spouses are liable for all debts taken during the marriage. There are nine community property states, and 39 states use some variation of the doctrine of necessities.

Is your spouse’s medical debt considered marital debt in Tennessee?

Tennessee courts have directly recognized the common-law doctrine of necessaries to require a spouse to pay the medical debt of the other spouse in certain circumstances since at least 1997.2 In Outpatient Diagnostic Center v.

Who is responsible for the medical bills of the other spouse?

While the general rule is that one spouse is not liable for the other spouses’ medical bills, there are indeed exceptions that would make the other spouse responsible for payment. If this is an issue or potential issue, you may want to consult with an attorney in your area.

Who is responsible for paying spouse’s medical bills?

Generally in community property states, debt incurred by a spouse for the benefit of the family is considered a “community” debt, and therefore the spouse is responsible for repaying that debt. Does medical debt benefit the community? At first glance, no it does not.

Can a spouse be responsible for a debt?

If state law requires a spouse to pay a particular type of debt. If state law requires the executor or administrator of the deceased person’s estate to pay an outstanding bill out of property that was jointly owned by the surviving and deceased spouse .

What to do if deceased spouse has medical debt?

If have a deceased spouse’s medical debt issue, consult with an lawyer in your state to understand your rights and liabilities in your particular circumstances. Medical bills are unsecured debt, which is like credit card debt, a deficiency balance, or a payday loan.

Can a husband sue his wife for medical debt?

A few states allow lawsuits against the husband for his wife’s debts, but not the wife for her husband’s debts. One allows a lawsuit against the wife, but limits the amount creditors can collect. A few do not allow lawsuits for medical debt.