If a husband dies with medical debt, is their wife responsible for paying it?
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If a husband dies with medical debt, is their wife responsible for paying it?
Our adult son died with no estate. His health insurance (through wife’s employer) has denied a claim for emergency room services. Who is responsible for this debt?
Asked on January 20, 2016 under Estate Planning, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There is something called the "doctrine of necessities." This doctrine was established under common law and while many jurisdictions no longer follow it, some have actually made it statutory law. Under the doctrine, one spouse is liable for the "necessary" expenses incurred by the other spouse during the marriage. This holds true for most debt and particularly for medical bills, which are almost always deemed "necessary". My research suggests that this is the law in PA.
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