ANSWERS: 1
  • A recently deceased individual likely accumulated medical bills before dying. If you are a family member of person who died, you may wonder who is responsible for paying the medical bills of your deceased loved one.

    Considerations

    Legal responsibility for medical bills of a deceased individual typically rests with the estate of the decedent.

    Exceptions

    There are some exceptions to the rule of the estate being responsible for medical bills. For example, if the spouse of the decedent assumed joint responsibility for the medical bills, she can be liable.

    Time Frame

    Probate laws in each state sets forth the time frame in which a health care provider needs to submit a claim for payment of bills to an estate.

    Priority

    Under the laws in most states, medical bills associated with the deceased individual's last illness have priority over many other debts. Most people include a clause in their wills directing the executor to pay funeral bills and the expenses of the last illness.

    Expert Insight

    Do not make payment on any medical bills until it is clear you have a liability to do so. Making a payment may establish an obligation on your behalf to make future payments.

    Source:

    Superior Court of California: Probate Self Service Center

    "Wills, Probate, & Inheritance Tax For Dummies;" Julian Knight; 2008

    Connecticut Probate Court

    More Information:

    American Bar Association: Section of Real Property, Trust & Estate Law

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