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While rules vary by state, the answer to the question is "it depends."
Directly, the surviving spouse is NOT responsible for any medical bills or other debts that are entirely in the name of the deceased. Typically this is the case with medical bills.
If a person dies and their are probatable assets, then creditors can make claim on those assets. However, given a little planning you can die without ANY probatable assets. The following assets are not subject to probate:
Insurance - with a listed beneficiary
Retirement plans/annuities - with a listed beneficiary
Accounts held TOD - Transfer on Death
Accounts held POD - Payable on Death
Accounts held JTWROS (Joint Tenants with rights of survivorship)
House owned with a survivorship dead
Assets held in a trust
Note: At no point did I mention a will. A will is a declaration of where you want assets to go, but only those assets subject to probate. So if Dad has $50,000 sitting in a checking account with no POD or Joint Tenant, that assets is subject to probate.
What else can I help you with?
Is a surviving spouse responsible for a deceased spouse's medical bills in Massachusetts?
No
Is the surviving spouse responsible for the medical bills of a deceased spouse in Florida if they have not lived together in 20 yrs?
Only if the surviving spouse entered into a repayment agreement with the medical providers.
Is the wife responsible for the medical bills of her deceased spouse in Indiana?
no
In Pennsylvania is the surviving spouse responsible for the deceased spouse's medical and credit card debt?
No, the spouse is not responsible. However it does come out there assets left behind.
Is the surviving spouse responsible for deceased spouse's medical bill in Maryland?
The spouse indirectly will pay, as they cannot inherit until they are resolved. In Maryland the estate is responsible.
Is wife responsible for medical bills of deceased spouse in Indiana?
The spouse is not directly responsible, unless they have co-signed for the services. The estate is responsible for settling all medical bills in Indiana. So before the spouse can inherit anything, the estate has to pay the bills.
Is the surviving spouse responsible for medical bills in Georgia?
For Georgia, the estate will be responsible. The spouse indirectly will pay, as they cannot inherit until they are resolved.
Is surviving spouse responsible medical bills in Michigan?
The estate is responsible for all the bills of the deceased. The spouse will be required to pay them from the estate funds.
Is the surviving spouse responsible for medical bills in Kentucky?
In Kentucky, the deceased's estate is responsible. The spouse can be held as a beneficiary of the costs and by inheriting less from the estate.
If a spouse dies and leaves medical bills in their name is the surviving spouse responsible for those bills?
In most instances, the estate is responsible. It means the estate that is inherited from the spouse will be smaller.
Is surviving spouse responsible for medical bills of spouse in Illinois?
The estate would be responsible, but if the dying person had no assets, I do not think they could hold the spouse responsible, unless he or she signed a paper guaranteeing medical bills. what do you mean you think, do you know for sure?
Is the surviving spouse responsible for deceased medical bills in nc?
In North Carolina the estate is responsible. The spouse indirectly will pay, as they cannot inherit until they are resolved.
