Medical Bills for deceased

[Only-1]

Jurisdiction

Arizona

Am I held responsible for the hospital bill that I received for my spouse when he died? It is the portion that Medicare did not pay. It is in his name. I called the hospital billing dept and they were not willing to decrease their "required minimum" payment amount so that I could attempt to pay. They said it would go to collections after 3 months if I did not pay the minimum. I am not able to do that since I have not only lost my husband but have lost his Social Security income as well. I need to buy food and pay all the other obligations of life. They have since sent his bill to collection services. If I do not pay it what will happen? Will they be able to take money from me or sue me for what little bit we owned?

 

[army judge]

Am I held responsible for the hospital bill that I received for my spouse when he died? It is the portion that Medicare did not pay. It is in his name. I called the hospital billing dept and they were not willing to decrease their "required minimum" payment amount so that I could attempt to pay. They said it would go to collections after 3 months if I did not pay the minimum. I am not able to do that since I have not only lost my husband but have lost his Social Security income as well. I need to buy food and pay all the other obligations of life. They have since sent his bill to collection services. If I do not pay it what will happen? Will they be able to take money from me or sue me for what little bit we owned?

The answer is maybe.

In some states, spouses are responsible.

Those states are community property states.
AZ is one such state of about a dozen other states.

I suggest if this worries you talk to a bankruptcy lawyer.
A chapter 7 BK will get all debts discharged.
That way you'll have peace of mind at this very difficult time.
People are so cruel and uncaring anymore.

 

[adjusterjack]

My condolences on the passing of your husband.

Will they be able to take money from me or sue me for what little bit we owned?

I'll answer that first. They can't take anything from you without a lawsuit but they can certainly file one if they want to.

On the bright side, that they sent the bill to collections means they probably won't sue.

If they don't sue, you don't have to pay anything.

Before I go any further, please answer the following questions:

1 - How much is the bill?
2 - Did he not have a medicare supplement that would have taken care of the balance?
3 - Did you sign any papers at the hospital when he was admitted?

 

[Betty3]

Generally there are 3 ways in which a person can "possibly" be responsible for a spouse's medical bills after death.
1.If you live in a community property state (you do).
2.Under the "doctrine of necessaries" (Many states have abolished this doctrine. However, per my most recent information Az. has not. However; since Az. is a community property state which can make the spouse responsible for other spouse's medical bills, the most recent court cases have held that under this doctrine the spouse was not responsible for using their own personal property (assets) to pay the medical debts or nursing home debts of the deceased spouse. It is suggested that a lawyer in your state be contacted for additional information/clarification of this doctrine.
3.If you signed something agreeing to be responsible.

Did your husband die with any assets - is there an estate? If there are any assets, any debts of deceased need to be paid before any assets distributed to heirs.

 

[Only-1]

My condolences on the passing of your husband.



I'll answer that first. They can't take anything from you without a lawsuit but they can certainly file one if they want to.

On the bright side, that they sent the bill to collections means they probably won't sue.

If they don't sue, you don't have to pay anything.

Before I go any further, please answer the following questions:

1 - How much is the bill?
2 - Did he not have a medicare supplement that would have taken care of the balance?
3 - Did you sign any papers at the hospital when he was admitted?

#1 - About $2300
#2 - Medicare supplement was applied and that is remaining balance
#3 - I can't remember exactly what papers were given to me, it was such a confusing time. I should also mention that I am deaf since a baby. I was not given an interpreter or someone to explain the process so I don't know exactly what paperwork was given or signed.

We have claimed bankruptcy just prior to his death because of debt. Medicare just not enough.

 

[Only-1]

Generally there are 3 ways in which a person can "possibly" be responsible for a spouse's medical bills after death.
1.If you live in a community property state (you do).
2.Under the "doctrine of necessaries" (Many states have abolished this doctrine. However, per my most recent information Az. has not. However; since Az. is a community property state which can make the spouse responsible for other spouse's medical bills, the most recent court cases have held that under this doctrine the spouse was not responsible for using their own personal property (assets) to pay the medical debts or nursing home debts of the deceased spouse. It is suggested that a lawyer in your state be contacted for additional information/clarification of this doctrine.
3.If you signed something agreeing to be responsible.

Did your husband die with any assets - is there an estate? If there are any assets, any debts of deceased need to be paid before any assets distributed to heirs.

Can not afford a lawyer. We claimed bankruptcy before his death because medicare is not enough. Still not enough. Thank goodness for food pantry. Not a lot of help as deaf person when I go to ask questions.

 

[army judge]

#1 - About $2300
#2 - Medicare supplement was applied and that is remaining balance
#3 - I can't remember exactly what papers were given to me, it was such a confusing time. I should also mention that I am deaf since a baby. I was not given an interpreter or someone to explain the process so I don't know exactly what paperwork was given or signed.

We have claimed bankruptcy just prior to his death because of debt. Medicare just not enough.

Do you have any additional income beyond social security, or a work related pension?

If not, don't worry about the uncaring, greedy scammers.

You are what is known in the law as a judgment proof defendant, if you are sued.

A lien could potentially be placed on your home.
That won't impact your ability to continue living in the home.

So, relax.

Grieve and mourn the loss of your beloved husband.
Take time to recover, because you're wounded.

Hang in there, and if you are sued I'll see to it that you're represented to keep the hooligans out of your pocketbook.

God bless.

 

[ElleMD]

If you signed something stating you were the responsible party, then you are the responsible party. It would be in writing, so an interpreter wouldn't make a difference. You should have kept copies of anything you signed. You can also ask the other party for a copy.

 

[cbg]

Yes, what a horrible thing it is that the hospital who cared for her husband wants to be paid for their services. How dare they not provide medical care for free?

No wonder the medical system in this country is in such sad shape.

 

[Betty3]

Before they can collect anything from you, they would have to get a judgment against you in court. You don't have to pay anything without the judgment. That doesn't mean you can't pay without the judgment (if you wish to & can afford to) or shouldn't pay the debt since it is owed . It's possible, depending on your assets, that you might be judgment proof.