Legal Question in Credit and Debt Law in Texas
debt owed by deceased spouse
Can medical debts owed by deceased spouse be held against me? Can my property have lien placed against it by hospitals, etc. attempting to recover their losses? If I sell my property in Texas, can hospitals attempt to recover their losses from the proceeds of my sale? Property was jointly owned.
1 Answer from Attorneys
Re: debt owed by deceased spouse
You are liable for your deceased spouse's necessary expenses. That may include her last medical expenses.
A hospital can sue you for her expenses and get a judgment lien on your property. A hospital lien only comes into play if your wife's medical expenses came about due to the negligence of a third party, and they are making a claim against settlement or judgment proceeds against that third party.
If the property was jointly held, you'll have to put your wife's estate into probate and they can look to her portion of the property unless it's your homestead as well.