Legal Question in Family Law in Utah
Spouse's Previous Medical Debts Incurred Prior to Marriage
If a person were to marry someone who has outstanding unpaid medical
bills accrued prior to the marriage (because the person with the
medical bills had no health insurance), and the person with the
medical bills dies, would the surviving spouse be responsible for paying them
off? Would this vary from state to state? Thank you in advance.
1 Answer from Attorneys
Re: Spouse's Previous Medical Debts Incurred Prior to Marriage
Under these facts the surviving spouse would not have liability for them, unless the spouse, prior to the death, entered into an agreement with the medical providers to pay the debts. However, the creditors could place claims with the estate of the deceased for payment.
With these facts I would suggest consulting an estate planning attorney to discuss arrangements to make sure that the couple kept the debt-free spouse's property separate - such as in a trust - so that creditors would not try to attach such property.
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