Legal Question in Credit and Debt Law in New Jersey

Mom being sued for husbands medical bills

My father recently died of pancreatic cancer. No assets were left in his name. No bank accounts, the house, nothing. Everything was put in my mothers name 2 or 3 years before my father was even diagnosed. Is she responsible for the debt?

Thank you


Asked on 12/02/06, 9:14 am

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Mom being sued for husbands medical bills

While I'm not an estate attorney, a spouse will inherit the debt of the deceased spouse. It happens all of the time. Just happened to my Aunt. It doesn't matter that everything was put your Mother's name. How much money are we talking about? If it is a lot and it is in collections, it will probably be worth your while to get an attorney to negotiate with the CA to get this debt lowered to a manageable amount and with monthly payments.

My initial consultations are always free, so call me at 732/247/3340 and we can discuss your issues.

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Answered on 12/02/06, 5:55 pm
John Corbett Corbett Law Firm LLC

Re: Mom being sued for husbands medical bills

Mr. Henninger has given you good advice. The rule is that that your mother is obligated as a primary debtor because each spouse has a legal obligation to pay for the health care of the other spouse. The same result would be reached for the parent of a deceased minor child. The rule does not hold if the decedent is a parent, grandparent, sibling, uncle, aunt, etc. for which no such legal obligation exists.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 12/03/06, 6:27 pm


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