Is someone dies is the surviving spouse responsible for unpaid medical bills?

Full question:

Under Tennessee law,when a person dies, is the surviving spouse held responsible for the deceased persons hospital bills?

Answer:

Generally, a spouse is not liable for the debts of the other as long as it is an individual account, the spouse running up the debt is not an authorized user, surety, guarantor, or cosignor, and the couple does not live in a community property state. However, even in a community property state the assets of the spouse not running up the debt could be at risk. For example, in cases involving, among others, bankruptcy, divorce, or other litigation, creditors may go after assets held jointly by the debtor and non-debtor spouse, such as a bank account in both their names. If your spouse agrees to pay off a joint credit card debt but does not, the bank may successfully sue you for that debt. However, state laws vary about which marriage partner is responsible for certain debts, depending upon when the debt was incurred, the identity of the debtor, or the purpose of the debt.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In general, you are not liable for your spouse's individual medical bills unless you are a cosigner or guarantor on the account. Each spouse is typically responsible for their own debts. However, if the debt was incurred jointly or if you live in a community property state, you may have some liability. It's important to review the specific circumstances of the debt.