The fact is that in the vast majority of cases, the surviving spouse bears no responsibility for the medical debts of her deceased spouse.
Considerations
A health care provider can make a claim against an estate to recoup at least part of the medical debt. Most wills contain a clause directing the executor to pay the expenses incurred during the deceased's last illness.
Effects
A claim has the potential of reducing the amount of money that will go from an estate to a spouse. This rarely occurs. The vast majority of property automatically goes to the surviving spouse due to joint ownership, bypassing the estate.
Prevention/solution
In order to ensure that you are not liable for medical bills for a deceased spouse, never co-sign as being a responsible party for these expenses when services are rendered.
Time Frame
Health care and medical providers have a specified period for bringing a claim for bills against an estate. In most states, these claims must be filed within 120 days of the commencement of the estate case in court.
Warning
If a health care provider threatens you with a lawsuit for unpaid medical bills incurred by your deceased spouse, make sure that you respond and deny responsibility. Consider hiring an attorney.
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