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    cmgibson's Avatar
    cmgibson Posts: 1, Reputation: 1
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    #1

    Mar 30, 2008, 11:29 AM
    In Oregon is the surving spouse responsible for the dead spouse's medical debt?
    My spouse was pronounced dead at our home. The EMT's did CPR but were unable to revive my spouse. Now I am being told that I am responsible for the bill and I am being told I am also responsible for 2 medical incurred prior to death. Medicare has already paid their portion of these bills. There is no property, estate, insurance or investments involved.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 30, 2008, 11:34 AM
    Quote Originally Posted by cmgibson
    My spouse was pronounced dead at our home. The EMT's did CPR but were unable to revive my spouse. Now I am being told that I am responsible for the bill and I am being told I am also responsible for 2 medical incurred prior to death. Medicare has already paid their portion of these bills. There is no property, estate, insurance or investments involved.

    You are not responsible for his debts unless you contracted to pay them.

    His estate IS responsible - car, bank account, whatever.
    nikosmom's Avatar
    nikosmom Posts: 1,611, Reputation: 488
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    #3

    Mar 30, 2008, 12:03 PM
    Actually this is a question... So Judy, I thought when you're married you automatically assume debts etc when a spouse dies. Because, don't you become jointly responsible for debts once you get married? Or is there any variance for this from state to state?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Mar 30, 2008, 12:07 PM
    Quote Originally Posted by nikosmom
    Actually this is a question... So Judy, I thought when you're married you automatically assume debts etc when a spouse dies. Because, don't you become jointly responsible for debts once you get married?? Or is there any variance for this from state to state?

    Not in NYS - you are not responsible for debts incurred by your husband and he is not responsible for your debts. Any debts.

    My husband is very recently deceased - I am most definitely not responsible for his medical bills (which are extensive). His estate is (so ultimately I suppose I do them in a fashion) but I am not personally liable. I DID agree to pay his hospital bill (you know how they come up to you when you're frantic and sobbing and thinking about throwing yourself out a window or off the roof and say, "Here, sign this," and later you wonder just what you signed - ?) but, as I said, his estate will pay his medical bills.

    Same with a car loan, for example - in NYS if your husband buys a car, defaults - it's not your debt.
    nikosmom's Avatar
    nikosmom Posts: 1,611, Reputation: 488
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    #5

    Mar 30, 2008, 12:19 PM
    Quote Originally Posted by JudyKayTee
    Not in NYS - you are not responsible for debts incurred by your husband and he is not responsible for your debts. Any debts.

    Same with a car loan, for example - in NYS if your husband buys a car, defaults - it's not your debt.
    Ok, thanks. That makes me think there is a difference in state laws. I'm going to have to check for here (NC) because we've always been told that spouses automatically assume debts... Sorry, for your loss.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Mar 30, 2008, 01:44 PM
    Quote Originally Posted by nikosmom
    Ok, thanks. That makes me think there is a difference in state laws. I'm gonna have to check for here (NC) because we've always been told that spouses automatically assume debts... Sorry, for your loss.

    Well, I just took a look at NC law and was rather startled - NC requires that one spouse provide for the "true" (medical) necessities of the other. So it would appear that the widow is, in fact, liable for the medical bills.

    Don't know about all debts or how they sort out true necessities from... whatever.

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