Legal Question in Credit and Debt Law in North Carolina
we have been legally seperated for 10 years. he just passed and now has medical bills, i also found back taxes bill from after the seperation. will i be held responsible?
1 Answer from Attorneys
It depends on many circumstances that you do not relate here. The rule in NC generally is that a spouse is liable for medical debts of the other spouse. Here is a link to the main case on this: http://scholar.google.com/scholar_case?case=10712006257510637992&q=forsyth+v+chisholm&hl=en&as_sdt=2,34
However, if you entered into a valid separation agreement and the hospital had actual notice that you and your husband were separated, then you might not be liable.
Regarding the taxes, you do not indicate if they were married filimng jointly or separately. If married filing separately status was selected, I do not see how you would be liable for the taxes.
You also do not indicate if these were federal or state. I am not a tax attorney. I know generally that under the federal rules there is something called the innocent spouse exception. I have not researched the question of whether there is something similar under state law. My advice would be to consult a CPA about that.
Even if you are not personally liable for the taxes, then your husband's estate will be liable for both the taxes and the medical bills. The personal representative of your husband's estate needs to consult with a probate attorney about paying for these debts in the first instance.
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