Skip to content
  • Call 24/7 (602) 910-4068
Contact Us
  • 24/7

(602) 932-3187

estate planning law firm
  • Home
  • Start Here
    • Becoming a Client
    • Our Story
    • Our Approach & Values
    • Meet the Team
    • Client Testimonials
  • PROTECT MY FAMILY
    • Estate Planning
    • Wills and Trusts
    • Power of Attorney
    • Deeds & Real Estate Transfers
  • Specialized Planning
    • Minor Children
    • Special Needs Trusts
    • Asset Protection Planning
    • Irrevocable Trusts
  • Elder Care
    • Long term Care
    • Medicaid (ALTCS)
    • Guardianship
  • Probate
    • Do I Need Probate?
    • Avoiding Probate
    • Trust Administration
  • Business Planning
    • Business Formations
    • Business Succession Planning
    • Operating Agreements
    • Employment Agreements
  • Resources
    • Estate Planning Blog
      • Estate Planning
      • Elder Law
      • Probate
      • Business Succession
      • Guardianship
    • Videos & Recordings
    • Seminars & Webinars
    • Free Estate Planning Masterclass
    • Educational Library
    • Estate Planning Resources For Professional Advisors
    • FAQs
    • Media Room
  • Contact Us
    • Schedule Strategy Session
    • Office Locations
  • Home
  • Start Here
    • Becoming a Client
    • Our Story
    • Our Approach & Values
    • Meet the Team
    • Client Testimonials
  • PROTECT MY FAMILY
    • Estate Planning
    • Wills and Trusts
    • Power of Attorney
    • Deeds & Real Estate Transfers
  • Specialized Planning
    • Minor Children
    • Special Needs Trusts
    • Asset Protection Planning
    • Irrevocable Trusts
  • Elder Care
    • Long term Care
    • Medicaid (ALTCS)
    • Guardianship
  • Probate
    • Do I Need Probate?
    • Avoiding Probate
    • Trust Administration
  • Business Planning
    • Business Formations
    • Business Succession Planning
    • Operating Agreements
    • Employment Agreements
  • Resources
    • Estate Planning Blog
      • Estate Planning
      • Elder Law
      • Probate
      • Business Succession
      • Guardianship
    • Videos & Recordings
    • Seminars & Webinars
    • Free Estate Planning Masterclass
    • Educational Library
    • Estate Planning Resources For Professional Advisors
    • FAQs
    • Media Room
  • Contact Us
    • Schedule Strategy Session
    • Office Locations

Must I Pay for Spouse’s Debt If They Die?

Serving Clients in the Gilbert, Arizona Area

Must I Pay for Spouse’s Debt If They Die?
  • September 15, 2022
  • Estate Planning, Power of Attorney, Wills & Trusts
Gilbert Arizona estate planning attorney

BY: Jake Carlson

Jake Carlson is an estate planning attorney, recognized business leader, inspiring presenter, and popular podcast host. He is personable and connects immediately with others. A natural storyteller, he loves listening to your story and exploring what matters most to you.

Get To Know Jake
Please Share!
Facebook
Twitter
LinkedIn
Email
If husband and wife did not own together or separately any land, a house, a boat etc. but only rented a home and had no children, is the surviving spouse responsible to pay medical bills that insurance did not cover?
  • Scroll Down to Read Article

Nj.com’s recent article entitled “Who has to pay medical bills when a spouse dies?” says that a creditor may pursue collection against a spouse for an expense incurred by the other spouse for “necessaries.” only where the financial resources of the spouse who incurred the expense are insufficient, unless both spouses agreed to pay the debt.

In situations where both spouses incurred the debt, or agreed to pay the debt, or one spouse guaranteed the debt of the other spouse, the creditor may go after either or both spouses.

However, if one spouse incurs a medical expense or other expense deemed necessary — including, in some cases, legal fees or clothing — the creditor must first look to the spouse who incurred the expense.

Note that only if the spouse’s assets are insufficient to pay may the creditor seek payment from the non-debtor spouse.

It is also important to know that each spouse holding his or her assets in separate names doesn’t avoid responsibility for the debtor spouse’s medical bills, if the debtor spouse’s assets are insufficient to pay such bills.

Signing a pre-marital or post-marital agreement, in which each spouse agrees to be responsible for his or her own medical expenses, also doesn’t prevent a creditor from pursuing payment against the non-debtor spouse if the debtor spouse, or the debtor spouse’s estate, lacks the ability to pay.

Spouses also may not be able to avoid a creditor seeking reimbursement with respect to `necessaries’ merely by separating.

To learn more about estate planning in the East Valley, Gilbert, Mesa and Queen Creek, schedule your free consultation with Attorney Jake Carlson by using one of the links above.

Reference: nj.com (Aug. 3, 2022) “Who has to pay medical bills when a spouse dies?”

PrevPreviousWhat Happens If Couple Divorce and Own Business?
NextWho Is the Best Person for Executor?Next
Subscribe!

Recent Posts
  • How Does a No-Contest Clause Protect Your Will?
  • How to Talk with Children About a Grandparent with Dementia
  • Protect Your Parents’ Savings From Nursing Home Expenses
  • Who Should I Choose to Be a Guardian for Minor Child?
  • What Is the Best Way to Pass on My House?
Categories
  • Advanced Directives
  • ALTCs
  • Alzheimer's Disease
  • Asset Protection
  • Business Formations
  • Business Succession
  • Charitable Planning
  • Dementia
  • Elder Law
  • Estate Administration
  • Estate Planning
  • Estate Tax
  • Guardianship
  • Life Insurance
  • Medicaid
  • Medicare
  • News
  • Power of Attorney
  • Probate
  • Retirement
  • Social Security
  • Special Needs
  • Trust Administration
  • Uncategorized
  • Wills & Trusts

Contact Us

All fields marked with an “ * ” are required

estate planning law firm
Facebook-f Twitter Linkedin-in Youtube Instagram Rss

Our Mesa Office

2500 S Power Road
Bldg 14 Suite 132
Mesa, AZ 85209


Phone Number: (602) 910-4068

Our Gilbert Office

1425 S. Higley Road #106
Gilbert, AZ 85296

Copyright © 2025 – LifePlan Legal AZ. All rights reserved. Some artwork provided under license agreement. Privacy Policy | Disclaimer | Sitemap