Is the surviving spouse legally obligated to pay the the outstanding bills of the deceased spouse?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is the surviving spouse legally obligated to pay the the outstanding bills of the deceased spouse?
My father died in February and my mother is getting a lot of remaining bills and co-pay due bills. She never signed any documents accepting financial responsibility. My father’s insurance terminated when he was 82; he died at 86. My mother has no money to pay this. She is very nervous and thinks that she has to pay everything. What are her financial obligations?
Asked on March 21, 2011 under Bankruptcy Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The answer depends on just what your father's bills were for. Under the IL Family Expense Act, if they were for “family expenses” then as the surviving spouse your mother is jointly liable. If they were not for such expenses, then she not liable for their repayment. That is unless she specifically agreed to be, which from the facts that you gave, she did not.
Unfortunately, the law doesn’t specifically list exactly what a family expense is. However, the courts have determined that they include: medical bills, funeral bills, clothing, jewelry (sometimes), rent for the family apartment, carpeting for the family home, and wages for a domestic servant.
Note: Your father's estate is however liable for these bills. So indirectly, your mother could be affected as well.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.