Missouri Election of Surviving Spouse

In a Nutshell In most cases, the deceased person's estate is responsible for paying any debt left behind, including medical bills. If there's not enough money in the estate, family members still generally aren't responsible for covering a loved one's medical debt after death although there are some exceptions.

The good news is that in most cases, you are not personally liable for your deceased spouse's debts. Both the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) confirm that family members usually do not have to pay the debt of deceased relatives using their personal assets.

The Missouri Court of Appeals for the Southern District has ruled that in order for a spouse to be responsible for the bills of the other spouse, the company or person seeking to recover the money or damages must show that the bill was necessary.

There is no need for probate or letters of administration unless there are other assets that are not jointly owned. The property might have a mortgage. However, if the partners are tenants in common, the surviving partner does not automatically inherit the other person's share.

Most married couples own most of their assets jointly. Assets owned jointly between husband and wife pass automatically to the survivor.This requires the will to be probated and an executor to be appointed in order to secure the assets. There are exceptions to the probate requirement for estates of $50,000 or less.

You are liable for medical debts of your spouse under a legal theory called the Doctrine of Necessities.If your spouse incurs medical debts during the marriage, you are liable for the debt. Even if the bills only come in the name of your spouse. Even if you did not sign for the debts.

How Long Do You Have to File Probate After a Death in Missouri? Missouri gives you up to one year to file a will with the court after the person's death. At that time, you can file a petition to open probate.

Dying Without a Will in Missouri Most importantly, if you die without a will in Missouri, your entire estate must pass through probate (with the above-noted exceptions, of course). This isn't ideal, as probate can often be an expensive and lengthy process.

In some states, MO included, debts incurred for medical treatment are generally considered "necessities". Accordingly, a deceased spouse's estate is primarily liable for medical bills.