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The Curious Bag
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When the husband passes away with a will, this controls the financial affairs of his assets (called the "estate"). The surviving wife is not generally responsible for outstanding medical bills unless they lived in a community property state, or she co-signed for medical treatment (in some cases).
Nonliability
The wife is not responsible for paying medical bills from her own income or property unless prior agreement to accept financial responsibility has been made.
Right of Surviorship
Jointly owned property with the right of survivorship exempts the wife from being responsible for the medical bills.
Solely owned property
Property solely owned by the decedent would put the estate into probate. The medical bill creditors would be entitled to payment from this estate.
Doctrine of Necessities
In some states, there is a legality called the "doctrine of necessities" that make the surviving spouse responsible for the decedent's medical bills. The husband is considered the primary liability and the wife is the secondary liability.
Community property
Community property states typically transfer accumulated debt during marriage to the surviving spouse.
State laws
The laws of the state where the wife resides will ultimately determine her fiduciary duty in paying off the medical bills.
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