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