What to do about a dying spouse’s debts?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do about a dying spouse’s debts?

My mother has been the provider in their 27 year marriage. My mother tried divorcing him but he demanded a large sum up front as well as a huge amount of monthly alimony so she dropped the divorce. It has been many years and my father, due to cancer, has racked up huge hospital bills. He is telling people he is going to make them send half the bills to my mother. He has also been going to hospitals not covered by his insurance and it seems like it’s a new surgery weekly due to problems caused from radiation. He is a horse farmer and has shown a loss each year. There is no way he can pay these bills. I realize she is reliable for bills when he dies but what rights does she have and can she get a life insurance plan on him? He is 66 years old.

Asked on September 22, 2012 under Family Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states in this country debts incurred during the marriage of parties are deemed marital debts where the assets of the marriage are responsible for paying them.

In the event of your father's passing, his estate would be responsible first for paying his debts.

Your mother can place a medical insurance plan for your father. However, given his prior health issues and the need for him to first get a medical examination may make getting a policy for him difficult.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption