Surviving Spouse's Responsibility for Medical Bills of a Deceased Spouse in Oregon

When a spouse passes away, the surviving spouse may find themselves in a complex legal and financial situation, particularly concerning medical bills. This article aims to clarify the responsibilities of the surviving spouse regarding medical bills of a deceased spouse in the context of Oregon law.

General Obligations of Spouses in Oregon

Both spouses in a married couple have a 50/50 obligation to cover all liabilities, irrespective of which spouse originated the obligation. This means that if a surviving spouse signs a joint credit card as an authorized user, they share the responsibility for the debts incurred, including medical bills.

The Role of Probate in Oregon

Any item or account entered into probate is subject to claims by creditors. Creditors have a limited window of 4 months to make a claim against the estate. Understanding how probate works in Oregon is crucial to determining the surviving spouse's responsibility for medical bills and other debts.

Understanding the Probate Process

The probate process is designed to settle the estate of a deceased individual, including the liquidation of debts and the distribution of remaining assets. Creditors can only claim against assets that are part of the probate estate. Assets that remain outside of probate are generally off-limits to creditors unless the surviving spouse is a co-debtor.

Determining Creditors' Access to Estate Assets

In order to know whether the surviving spouse is responsible for a deceased spouse's medical bills, it is necessary to first determine which assets must be included in probate. The surviving spouse must work with an estate attorney to identify and inventory these assets.

If the assets that are included in probate do not cover the full amount of the medical bills, the creditors will not be able to recover the remaining debts. For example, if the probate estate only has enough money to cover part of the medical bill, the creditor may be unable to pursue the surviving spouse for the remainder of the debt.

Situations Where the Surviving Spouse is Potentially Liable

The surviving spouse is potentially liable for the medical bills if they are a co-debtor or have a joint obligation with the deceased spouse. For instance, if the surviving spouse co-signed a medical bill for the deceased spouse, they would be responsible for those bills.

Examples of Joint Obligations

Examples of joint obligations would include:

Joint credit card accounts where the surviving spouse is an authorized user, Congregate living arrangements where the surviving spouse is a participant, Mortgages or loans where the surviving spouse is a co-signer.

In such cases, even if the deceased spouse's estate is insufficient to cover the full amount, the surviving spouse remains responsible for the remaining debt.

Conclusion

The responsibility for medical bills of a deceased spouse in Oregon depends on whether the surviving spouse is a co-debtor and whether the assets in probate can cover the full amount of the medical bills. It is essential for the surviving spouse to seek legal advice and conduct a thorough audit of the deceased spouse's financial situation to understand their obligations and protect their property.

Key Takeaways

Spouses have a 50/50 obligation to cover all liabilities regardless of who originated the obligation. Practices like making an authorized user on a credit card account do not automatically make the surviving spouse liable for the bills. Understanding the probate process is critical for determining the extent of the surviving spouse's responsibility for medical bills.