What legal obligations does a family have in regards to paying medical bills after someone is deceased?
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What legal obligations does a family have in regards to paying medical bills after someone is deceased?
Asked on October 31, 2012 under Estate Planning, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. More information is needed here. Generally speaking, it is the obligation of the decedent's estate to pay the medical bills, not the immediate family. Now, in New York there is a common law doctrine known as the doctrine of necessities which applies to the spouse of the debtor. The court's have held that in these circumstances the spouse who received the necessary goods or services (here the decedent's estate) would be primarily liable for payment. A creditor seeking to recover a debt against the non debtor spouse retains the burden of demonstrating that necessaries were furnished on the non debtor spouse's credit, and that the nondebtor spouse has the ability to satisfy the debt. The estate must pay the debt before it can distribute assets. You can negotiate the debt. Get help. Good luck.
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