Debt Collection, Garnishment, Repossession

questions & answers

Question: my husband passed away on aug.22,14,he left a hospital bill unpaid,am i liable for this bill? could a collection agency bill me? i live in az thank you

Answer: Yes. Generally, property acquired during marriage becomes community property. A.R.S. § 25-211(A). This includes debt. A.R.S. § 25-215(D). The creditor must sue both spouses (surviving spouse and the estate of the deceased spouse) to collect from the whole community. A.R.S. § 25-215(D). The creditor could also file a claim against the deceased spouse’s estate in an attempt to reach that deceased spouse’s separate property (if any). See A.R.S. § 14-3801. However, generally, creditors must attempt to collect from community property for community debts before attempting to collect from spousal separate property. Probate issues are extremely complicated: for fact-specific information and advice, please consult an attorney.