unpaid hospital bills

[TeddyRue]

My father just passed away a few weeks ago. him and my mother have been married 39 yr. he had no insurance let alone life insurance...he's taken care of my mom her whole life,is she responsible for his medical bills? and is her pention payment is danger

 

[Proserpina]

Strictly speaking yes, as the beneficiary of your father's estate, Mom can be held responsible.

What's perhaps more important though is what you actually mean by "pension". Could you clarify that please?

 

[army judge]

Dad should have had access to Medicare, if he was old enough.

If not, there is that real, neat Affordable Care Act.

Otherwise, mom isn't responsible for most of dad's debts.

PA has a filial act.

http://www.timespub.com/2013/09/03/filial-support-act-alive-in-pa-2/

Be very careful, very careful, courts are incarcerating some individuals. Seek legal counsel, if gifts have been transferred.

Fortunately for mom, dad's debts were effectively extinguished upon his death, hopefully.

Mom can feel somewhat secure her pension is hers.

You can open dad's estate and properly advertise it.

That will start a one year statute for estate liability.

Mom at any rate, you would not be liable for the medical bills, which would primarily be a debt owed by dad's estate. Assuming, he has anything left.

One thing mom does not want to do is to remove assets of dad's estate for her own use.

She first wants to determine what are "estate" assets, as opposed to "tenancy by the entirety" assets, which would not pass to the estate.

It is probably not wise to make the determination on her own. You should have mother speak with an estate attorney to handle this, for her own protection, especially her pension.

 

[Betty3]

There is also a "doctrine of necessaries" which can make a spouse responsible for the other spouse's medical bills. The most recent info I have on Pa. is: Although Pennsylvania had enacted an Equal Rights Amendment, a Pennsylvania court extended the doctrine of necessaries to make a wife liable for medical services provided to her husband. (not just husband responsible for wife's medical bills)

Your Mom needs to speak to an attorney to get everything worked out - someone she can give complete necessary info to such as what income/assets might be in your Dad's estate & other necessary info. Generally a claim is made against the estate for medical bills owed.