Legal Question in Credit and Debt Law in Pennsylvania

My Spouse passed away leaving unpaid medical bills. Can the Hospital come after me for payment? She had no assests, estate or insurance.


Asked on 2/18/16, 7:37 am

1 Answer from Attorneys

It depends. An estate would need probated for your wife and ordinarily the state would file a claim for unpaid bills with your wife's estate. However, you indicate your wife had no assets so there is not going to be an estate for your wife. Most states have the doctrine of necessaries and PA is no exception. If your wife has no assets, then yes, you are going to be liable See 23 Pa.C.S.A. �� 4102 and 4321 below.

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23 Pa.C.S.A. � 4321 Liability for support

Subject to the provisions of this chapter:

(1) Married persons are liable for the support of each other according to their respective abilities to provide support as provided by law.

23 Pa.C.S.A. � 4102. Proceedings in case of debts contracted for necessaries

In all cases where debts are contracted for necessaries by either spouse for the support and maintenance of the family, it shall be lawful for the creditor in this case to institute suit against the husband and wife for the price of such necessaries and, after obtaining a judgment, have an execution against the spouse contracting the debt alone; and, if no property of that spouse is found, execution may be levied upon and satisfied out of the separate property of the other spouse.

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Answered on 2/24/16, 8:35 pm


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