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Barrister, Attorney
Category: Legal
Satisfied Customers: 37017
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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If there is no estate when a husband passes away, and if he

Customer Question

If there is no estate when a husband passes away, and if he has credit cards amounts that are in that persons name the wife is not liable for the balance due. Does that also apply to medical amounts due hospitals and drs he was billed for that treated him just prior to his death?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..This falls under the topic called the "doctrine of necessaries" and can make one spouse liable for the other's medical costs. However, GA repealed the doctrine if necessaries in 1979. .So no, the surviving spouse is not legally liable for the medical debts of their deceased spouse and the creditor can only come after the estate for payment. If there is no estate, then the creditors just lose and end up writing off the debt as a tax write off....thanksBarrister
Customer: replied 1 year ago.
Thank you. What a relief.
Expert:  Barrister replied 1 year ago.
You are very welcome. Glad to help any time...If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me...thanks muchBarrister