Legal Question in Credit and Debt Law in New Jersey

Dad's Medical Bills

My dad just passed away after a long battle with cancer. His hospital bills have just arrived in the amount of $185,000! My mom is 88 years old and has no way to pay this. If the bills were in his nam only, is she still responsible for them?? Please answer ASAP! Thank you.


Asked on 3/05/09, 12:59 pm

1 Answer from Attorneys

Re: Dad's Medical Bills

Based on the information given, I believe the medical expenses would fall under the doctrine of necessaries and your mother may be responsible for her husband's hospital bills.

Relevant case: Jersey Shore Medical Center-Fitkin Hospital v. Estate of Baum, 84 N.J. 137, 150 (N.J. 1980)

The hospital would first have to seek satisfaction of the debt from your father's estate. However, more facts would need to be analyzed as the situations can be complex and difficult.

I recommend contacting a family law attorney to consult with on this matter.

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Answered on 3/06/09, 12:57 pm


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