Medical bills for a spouse that has passed away

Stella Maris

New Member
Jurisdiction
California
My husband of 40 years passed away five months ago after a long battle with cancer leaving medical bills in the thousands after Medicare and MediCal payed their share. I have no assets other than a vehicle and a small checking account. I receive calls and bills in the mail constantly and need to know what I can do to protect what little I have. I would be most grateful for your help.
 
My husband of 40 years passed away five months ago after a long battle with cancer leaving medical bills in the thousands after Medicare and MediCal payed their share. Having no assets other than a vehicle and a small checking accountant I need to know what steps I can take to protect myself. I receive daily calls and bills from collection agencies. I would be most grateful for your help.

The best, and most effective way to eliminate those calls IMMEDIATELY (and the debts eventually) is to file a chapter 7 bankruptcy. You can do it yourself, and even have the filing fee of $355 waived, or be allowed to pay the fee in installments.

You can also retain an attorney to do the heavy lifting.

Unfortunately, in community property states, the surviving spouse is stuck with most (if not all) of the debts of the deceased spouse.

Death is as certain as taxes, or so some say.

Death doesn't wipe out the debts of a deceased spouse automatically, especially if you live in a community property state: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin (community property law also applies in Alaska in certain circumstances).

In these states, a husband and wife are responsible for the debts of the other.

This includes debts that remain after death and means that a surviving husband or wife is responsible for paying back the bills of a spouse even after that spouse dies.

Here is a lengthier explanation of why you are being hounded:

Do I have to pay my late spouse's debts if I live in a community property state?

Do I have to pay my late spouse's debts if I live in a community property state? | Nolo.com
 
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