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?
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.