Late Husband's Debts

[lilboss]

My husband passed away this march. He had credit cards, which my name wasn't on any of them, and his hospital bills. I sent certificat of death to the credit cards and the hospital, but that doesnt seem to matter. The hospital billing has now put his bills in my name and sent it to a collection agency. Is this legal? Am I responsible for his debt? There is no estate or extra money for that matter. We live in the state of Iowa, is there any kind of laws that will help me? I'm tired of the harrassing calls, if I had the money I would gladly give it to them. Can anyone help me?? Any help would be GREATLY appreciated. Thanks.

 

[lwpat]

Most states have the doctrine of necessaries. The spouse is responsible for the necessary expenses of the other spouse. This includes medical bills but usually not credit cards. You may want to consider bankruptcy.

 

[lilboss]

Is there any way to find this information out?

 

[lilboss]

Can the collection agency for the hospital keep telling me they'll send the law after me, ask me how I manage to live, if I'm receiving social security (which no, I don't qualify)? Is there a way I can get this to stop?

 

[lwpat]

The collection agency can keep calling you and harassing you as long as they comply with the law. You do not have to talk with them or answer any questions. They can take you to court and obtain a judgment. Have you talked with the hospital? I suggest that you go in and talk with someone in the business office.

Why do you not qualify for SS?

 

[lilboss]

I don't qualify for SS because they said I wasn't old enough or disabled. I'm 55, at the time of his death I was 54. Do I have to worry about the credit cards? I don't know what to do.

 

[lilboss]

Is there any information out there that can help me?

 

[lwpat]

What did they tell you at the hospital's business office?

 

[lilboss]

They pretty much said it's my responsibility.

 

[lwpat]

For the credit card debts send them a certified copy of the death certificate. I assume that there was nothing in the estate so include that fact. For the hospital my answer remains the same. I'm surpriesed they wouldn't set up some type of payment plan. Usually they will agree to almost anything, even if it is only 50.00 a month.