do I need to file probate when my husband had no will or any remaining assests?

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do I need to file probate when my husband had no will or any remaining assests?

my husband didn’t have a will, had no life insurance, owned no property and we
used all of savings to pay burial costs. I don’t know what to do about remaining
medical bills. I do not have the finances to pay these.

Asked on February 7, 2018 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  It does not sound like your husband had an estate to probate so I would say no, there is nothing for you to do.   As for the medical bills, surviving spouses are sometimes reponsible under the doctrine of "necessities." But you are only responsible to the extent that you are able to pay.  It does not sound like you are able.  If the providers persist and hound you call a legal services for help.  Good luck.


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