Does my mother owe my father's medical bills?

[jcarroll0926]

What is the name of your state (only U.S. law)? New Jersey

If my mom and dad are still married ,but separated, is she liable for his medical bills that he has incurred over the past 5 years since separation (never was legally done)? and if they both own the house, can the hospital put a lien on the house for his outstanding medical bills?

My dad has stage 4 lung cancer and is terminally ill. He just informed us that he had a 30K hospital bill for an emergency visit to a non-network hospital. We are all wondering if my mom will have to incur this bill (which she doesn't have the money to pay), but they do have a marital asset and own the family home (both names still on the deed). Would it make sense to put the house into us kids name or is it too late to do something like that?

 

[quincy]

What is the name of your state (only U.S. law)? New Jersey

If my mom and dad are still married ,but separated, is she liable for his medical bills that he has incurred over the past 5 years since separation (never was legally done)? and if they both own the house, can the hospital put a lien on the house for his outstanding medical bills?

My dad has stage 4 lung cancer and is terminally ill. He just informed us that he had a 30K hospital bill for an emergency visit to a non-network hospital. We are all wondering if my mom will have to incur this bill (which she doesn't have the money to pay), but they do have a marital asset and own the family home (both names still on the deed). Would it make sense to put the house into us kids name or is it too late to do something like that?

The answer to your question about whether your mother could be held liable for your father's medical debts is not one that can be answered easily. It is possible that she could be, though.

What will be considered is your parents' financial independence from each other. If your father has not contributed to the support of your mother and he has not paid on the house since his departure 5 years ago, the odds are better that your mother will not be held liable.

Your mother would be smart to seek out advice from an attorney in her area so that she can see now where she might stand legally, should she be billed for the hospital expenses incurred by your father.

I am sorry to hear about your father. Good luck to you all.



A case that addresses the same issues you bring up here that you can review is National Account Systems, Inc. v. Mercado, 196 N.J. Super 133 (1984). A link to the case follows.

http://scholar.google.com/scholar_case?case=2336378251419697407&q=National+Account+Inc+v.+Mercado&hl=en&as_sdt=80000006