Legal Question in Credit and Debt Law in Tennessee

Please accept my condolences on the passing of your wife. I realize that this is a very troubling time in your life and unfortunately, my answer to your question will not make it any easier.

The simple answer to your question is "yes", persons are legally obligated for payment of the medical bills of their spouse, regardless of whether the spouse is deceased or not. The fact that a person died without a will, did not own property at the time of death, and the only asset was a vehicle upon which there was a lien, is immaterial. A "leading case" in Tennessee on this point was decided by the Tennessee Court of Appeals in October 1995 where the Court held that wives and husbands are equally responsible for the medical bills of the other, this being within the purview of what is known as the "Doctrine of Necessities".

However, it is possible that some of the medical bills may be too old as a result of what is known as the "statute of limitations". There is a certain period of time within which lawsuits must be filed and for collection matters such as this, the general time period is six years from the date the service was provided. You mentioned that some of the bills were for services rendered up to two years before your wife passed away. Without knowing more facts, it is possible that these bills may be too old to be the subject of a lawsuit. Thus, if you should be sued, it is strongly suggested that you retain the services of a lawyer who will explore this possibility with you and for you.