Legal Question in Wills and Trusts in Minnesota

Medical expense liability-surviving spouse

Dear Sir or Madam:

My wife died last December. I recently received a bill for medical expenses in her name. I contested this with them over the phone and they reffered me to Minn. Stat. #519.05. Which states ''Where husband and wife are living together, they shall be jointly and severally liable for necessary medical services that have been furnished to either spouse, and necessary household supplies furnished to used by the family. Notwithstanding this paragraph, in a proceeding under chapter 518 the court may apportion such debt between the spouses.''

My argument is that we are not living together. My wife is deceased. Am I liable for her debts. In this case a medical debt. Could you please clarify this for me.

Thank You,

Stillwater, Minnesota


Asked on 6/08/06, 5:58 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Medical expense liability-surviving spouse

My understanding has always been that in Minnesota spouses are responsible for medical bills of the other spouse. Your wife might be deceased now, but the applicable time for the "living together" language is the time that the medical bill was incurred. She had to have been alive at that time, and if you shared the same address you were living together.

Chapter 518 is our divorce statute. It does not apply to your current situation.

You really should make an appointment for a consultation and talk face to face with a lawyer about this. Facts not included in your description here could make a big difference in the outcome.

There may be a way to settle the debt for less than the full amount; or you may be a candidate for a bankruptcy. The bankruptcy law was made to help people like you, who wind up with large debts as a result of a fluke.

Good luck. This response is for general information purposes only and does not create an attorney-client relationship. Consult a lawyer about the details of your case.

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Answered on 6/09/06, 10:58 am


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