Cleveland, OH asked in Estate Planning, Insurance Bad Faith and Insurance Defense for Ohio

Q: Is a surviving spouse, if they did not sign a guarantee, required to pay hospital medical bills if the deceased spouse?

My cousin passed away from cancer. Over 1 year later, his wife received a Bill from a large cancer treatment center. She had great insurance. He was receiving experimental treatment. The bill was denied because it was above usual and customary. $71,000

2 Lawyer Answers
Beverly A Stull
Beverly A Stull
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: According to recent Ohio case law, a creditor must deliver their claim to the estate's representative within 6 months of date of death. The cancer treatment center's claim should be denied.

Andrew Popp
Andrew Popp
PREMIUM
Answered
  • Estate Planning Lawyer
  • Ravenna, OH
  • Licensed in Ohio

A: Generally speaking, I agree with Ms. Stull. There could be an argument that this claim is a "contingent claim." That is, your cousin's potential liability for the treatment was contingent upon the action of the insurer. In that event, the time for presenting a claim to the executor of the estate is the later of 6 months after death, or two months after the claim accrues. See Ohio Revised Code 2117.37.

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