Legal Question in Credit and Debt Law in North Carolina

When my husband passed away he had medical bills from before and after our marriage. The hospital is saying I am liable for all these expenses. What is the truth?


Asked on 9/10/12, 6:37 am

1 Answer from Attorneys

You may be liable for the medical bills incurred after marriage and before death under the NC doctrine of necessaries. You should not be liable for medical bills incurred prior to marriage.

Since your husband is deceased, his estate is primarily responsible for medical claims. You do not indicate when he died or whether his estaet is in probate or what probate assets there are. Depending on the amount of the claims and the assets, medical expenses incurred withing the last 12 months of death would have priority over other medical bills. If the statute of limitations has passed on some of the older debts, you may not be responsible at all for those.

Since there are a lot of questions and you do not provide much information, I suggest that you sit down with a probate attorney in the county where the estate will be probated. Review the claims with the probate attorney and the assets. Anything not covered by your husband's estate that was incurred after marriage may be your direct responsibility, but you will only know after a review.

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Answered on 9/11/12, 5:06 pm


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