Doctrine of Necessaries

• The Ohio Doctrine of Necessaries law upholds that a spouse is responsible for debts incurred during the marriage if they were necessary to the health and living conditions of the spouse and family. This includes medical expenses and other necessary expenses such as utilities and groceries. The Doctrine of Necessaries stipulates that the spouse must be able to pay the debt. If the deceased spouse has a will, the estate is responsible for paying the debt. The spouse is responsible for any debt not covered by the assets of the estate, if they fall under the laws of the Doctrine of Necessaries.
  
  

Legitimate Estate Debt

• Ohio laws specify that the executor of a deceased person’s estate must obtain the approval from the probate court located in the county where the deceased’s will is filed before paying debts. If the estate has insufficient assets to pay the debts deemed legitimate, the spouse assumes responsibility if they are necessary or if they were incurred during the course of the marriage. If the debts were incurred before the marriage or not considered necessary, the debts can go unpaid, according to the Federal Trade Commission. The FTC sets and oversees the guidelines found in the Fair Debt Collection Practices Act.
  
  

Joint Account Owners

• If the deceased spouse’s legitimate debts were not covered by the estate, were not necessary and were not incurred during the marriage, the spouse does not assume responsibility unless she is named on the account as a joint owner. The FDCPA considers all persons named on credit accounts as joint owners as equally responsible. Debt collectors can attempt collection for debts that were not covered by the spouse’s estate. If the surviving spouse was not named on the account, he is not responsible for paying the debt.
  
  

Debt Collection Contact

• Debt collectors may contact a surviving spouse or the executor of the deceased spouse’s estate to attempt to collect a debt. The FDCPA prevents debt collectors in Ohio and other states from demanding payment, making false claims or otherwise harassing the executor or the surviving spouse regarding the debt. Debt collectors may also contact neighbors, family members and the deceased’s employer to determine the name and contact information of the executor or the spouse. Debt collectors may not discuss the particulars of the debt with anyone other than the surviving spouse and the executor.