Avvo Logo
Avvo Logo
Lawyers by Location
Browse by Popular Cities:
Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Angeles, CA Miami, FL New York, NY Philadelphia, PA Phoenix, AZ San Antonio, TX San Jose, CA Seattle, WA
Browse by State:
Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Dist. of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming
Lawyers by Practice Area
Choose an area of law that your issue relates to:
Appeals Bankruptcy & Debt Business Car Accidents Child Custody Child Support Civil Rights Consumer Protection Contracts and Agreements Criminal Defense Debt Collection Divorce and Separation Domestic Violence DUI and DWI Elder Law Employment and Labor Estate Planning Education Family Federal Crime Foreclosure General Practice Immigration Intellectual Property Landlord or Tenant Lawsuits and Disputes Litigation Medical Malpractice Personal Injury Privacy Probate Real Estate Residential Sex Crime Social Security & Disability Speeding and Traffic Ticket Tax Violent Crime Workers Compensation Wrongful Death
See All Practice Areas
Legal Topics and Q&A
Browse Legal Topics
Asylum topics Animal law topics Bankruptcy and debt topics Business contracts topics Business topics Car accidents topics Child abuse topics Child support topics Civil rights topics Criminal defense topics Divorce topics DUI topics Employment topics Family law topics Felony crime topics General Practice topics Immigration topics Internet law topics Landlord or tenant topics Lawsuits and disputes topics Personal injury topics Probate topics Professional ethics topics Real estate topics Residential property topics Sex crimes topics Speeding tickets topics Traffic tickets topics Warrants and criminal charges topics Wills and estates topics
Browse All Legal Topics
Ask a Free Question

Post your question and get advice from multiple lawyers.

Ask a Free Question
Grow your practice
Sign in
  • Grow your practice
  • Sign in
Community Guideline Update

Please note that our Community Guidelines have been updated. We are committed to maintaining the integrity and quality of the content posted by our legal community on our platforms. If you are posting content, you assert that your submissions are original and not generated by an automated tool, such as artificial intelligence (AI).

  1. Legal Advice
  2. Bankruptcy and debt
  3. Legal Questions
Questions & Answers
Get the legal answers you need from licensed attorneys.

Success, your question is posted!

Keep an eye on your email for responses to your question.

Finish setting up your account

Set a password so you can come back and manage your account.

Don't have an account? Register now

Manage your account

Log in to manage your submitted questions.

Sign in
Don't have an account? Register now

Did you know?

Most questions get answered within 12 hours

Most questions get answers from at least 2 attorneys

Saved Save
Question

In Tenn are spouses legally responsible for each other's debts when one dies if the other spouse's name is not on an account?

When my husband passed away only his name was on his medical bills. Now a single debt collector says that in Tenn I (the spouse) am legally responsible to pay for this one bill. Is this true?

Bankruptcy Debt Bankruptcy and debt Estates Spousal debt Marriage
Show 3 more Show 3 less
Asked in Cordova, TN | Jul 2, 2013 | 1 answer
Answer
Jeffrey Denzel Germany
Jeffrey Denzel Germany
Banking Law Attorney in Memphis, TN
5 stars
2 reviews
Rating: 10
View Profile
View Phone Number (901) 522-0050
View Number (901) 522-0050
Message View Profile
Posted on Jul 2, 2013

Tennessee has long recognized a spouse's common law duty to provide necessaries, including medical expenses and burial expenses. Simpson v. Drake, 150 Tenn. 84, 262 S.W. 41 (1924). The Tennessee Supreme Court reaffirmed this duty in Kilbourne v. Hanzelik, 648 S.W.2d 932 (Tenn. 1983). This common law rule is an exception to the general rule that a party cannot be held liable for the debt of another unless the party agrees (in writing) to be bound. A medical provider seeking to impose liability on a spouse under this rule must, however, establish that the medical services were "necessary." Without knowing more about the nature of the medical services rendered, it would be hard to provide you a solid opinion of your likely liability. You should speak with a competent attorney in your area in greater detail about the services that are at issue. Finally, you should also know that the medical provider - if entitled to a recovery - could only recover the amount due for reasonable and medically necessary services and only an amount that is in line with the charges of similar medical service providers in the community.

Legal Consult Recommended
An attorney has indicated that they believe this person will require a legal consultation
Helpful (0) Helpful (0) 2 lawyers agree
1 attorney recommends a legal consult
Enter your zip code to see attorneys available in your area.
Sponsored Listings
Ask your own question
Get a real-time response from a licensed attorney for free!
Ask a Lawyer - it's free!

1 attorney answer

AI Policy  
As required by our updated Community Guidelines, by posting content on Avvo, attorneys assert that their submissions are original and not generated by an automated tool, such as artificial intelligence (AI).

Need help now? Find an attorney with expertise in your situation.

Let Avvo help you find the one that's right for you.


Not finding the answer you need? We’ve got you.

Licensed attorneys are available and ready to provide expert advice on a wide range of legal matters.

Ask a Lawyer (it’s free)
Sponsored Listings

Related Questions


In New York State if your spouse dies and leaves credit card debt in his name only are ytou responsible to pay his debts. Chittenango, NY | 2 attorney answers

My husband cosigned for his son's truck. Am I legally responsible for this loan if my husband dies? We live in VA. Springfield, VA | 2 attorney answers

In Tennessee, are spouses legally responsible for each other's individual charge cards? Cookeville, TN | 1 attorney answer
Browse More Related Questions
Advertising
survey image

View More Resources


Bankruptcy & Debt Topics

Nondischargeable debt and child support
Secured debt

Legal Advice on Bankruptcy & Debt

Get expert legal advice on Bankruptcy & Debt by real practicing lawyers.
See all advice on Bankruptcy & Debt

Recommended articles about Bankruptcy & Debt

Transfer on Death Deed (TOD) Ruben Jesus Martinez, Attorney Can a prenup really protect you from alimony in Florida, or is that a myth? Eric C. Cheshire, Attorney Tips for Estate Planning in Texas Michael L. Holland, Attorney Do California Homeowners Need a Living Trust? Essential Guide Rozsa Nagy, Attorney
Dowry and Divorce in Minnesota Maury Devereau Beaulier, Attorney E740 VercammenLaw News Kenneth Albert Vercammen, Attorney E738 VercammenLaw News Kenneth Albert Vercammen, Attorney Bankruptcy and Inflation Robert S. Simonian, Attorney
Sponsored Listings










Browse Our Site Find a Lawyer Review Your Lawyer Legal Advice Browse Practice Areas Avvo Stories Blog For Lawyers
Popular Locations New York City Lawyers Los Angeles Lawyers Chicago Lawyers Houston Lawyers Washington, DC Lawyers Philadelphia Lawyers Phoenix Lawyers San Antonio Lawyers San Diego Lawyers
Popular Practice Areas Bankruptcy & Debt Lawyers Business Lawyers Criminal Defense Lawyers DUI & DWI Lawyers Estate Planning Lawyers Car Accident Lawyers Divorce & Separation Lawyers Intellectual Property Lawyers Speeding & Traffic Lawyers
About About Avvo Careers Support Avvo Rating Explained
Terms of Use Privacy Policy Cookie Policy Community Guidelines
© Avvo Inc. All Rights Reserved
Facebook X / Twitter LinkedIn YouTube
Avvo Rating

Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.

What determines Avvo Rating? Experience & background

Years licensed, work experience, education

Legal community recognition

Peer endorsements, associations, awards

Legal thought leadership

Publications, speaking engagements

Discipline
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.
Avvo Rating levels
  • 10.0 - 9.0 Superb
  • 8.9 - 8.0 Excellent
  • 7.9 - 7.0 Very Good
  • 6.9 - 6.0 Good
  • 5.9 - 5.0 Average
  • 4.9 - 4.0 Concern
  • 3.9 - 3.0 Caution
  • 2.9 - 2.0 Strong Caution
  • 1.9 - 1.0 Extreme Caution
Learn More