Q: Can the estate be responsible for the medical bills of the decedent ?
As the husband of the decedent, I am the only person in the estate.
A: Generally speaking, the Executor or the Administrator of a decedent's estate is responsible for the debts of the estate, assuming the estate has sufficient assets to pay the claims. Virginia Code Section 64.2-528 provides the order of priority when paying debts.
A: Handling of estates is a lot more technical than most people think, and you should consult an experienced probate attorney to review the estate and advise you. If there is no estate under administration (through the court system) you - as an individual - are generally not responsible for the decedent's debts unless you are a co-signer on the debt or otherwise agreed, in writing, to pay them. Certain medical bills may be your responsibility (as an individual) but that is rare. If there is formal administration then the executor/administrator must pay the debts if there are sufficient funds. There is a very specific order of priority, and as surviving spouse you have a priority for at least $44,000 before most creditors. Consult an experienced probate lawyer.
A: When you review the priorities referenced in the other answers, you will see that there are some limits to what medical service providers can charge in estate in some circumstances as well. You should at least consult with an attorney to ensure you know what you are and are not responsible for.
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