Legal Question in Family Law in New York

Re: debts after death of spouse

Unfortunately, the answer is YES.

As his wife, she can and is likely to be held liable for all of his "necessary" costs and expenses. And, Health care costs and expenses are usually deemed "necessaries."

Although, your friend's assets may be considered "separate Property" rather than marital property. Texas, NJ and several States, Other than NY, tend to seek reimbursement directly from the spouse for "necessaries;" under a "better or worse" theory, that a spouse by vow, is responsible for meeting the other spouse's "Needs."

But, please note, there are some property exemptions, in Texas, such as the homestead exemption, among others, that may apply, in this matter, for purposes of protecting your friends assets.

Also, she may never need to be identified as the spouse or responsible party, for her husband. Or, there may be an affirmative Waiver of responsibility that the health care providers recognize That would be helpful. Especially if the parties never filed or listed there names as spouses on any legal document.... like tax returns, leases, and so forth; and there is proof that parties NEVER (A PRENUP?) planned to depend upon the other for support.

Good luck,

Phroska L. McAlister,ESQ