RELATED: Paying dead spouses’ bills at issue in Ohio Supreme Court
In the majority opinion, Justice Judith L. French explained the law "directs a spouse to care for the other if the spouse is unable to do so. Because the nursing home did not attempt to find out if Robert Bell, through his estate, was able to pay the bill, it could not pursue Cora Sue Bell for payment," according to a press release from the court.
Chief Justice Maureen O’Connor and Justices Terrence O’Donnell, Sharon L. Kennedy and Mary DeGenaro joined Justice French’s opinion.
In a dissenting opinion, Justice Patrick DeWine “wrote that the plain language of the necessaries statute does not require that a creditor first pursue payment from the spouse’s estate,” according to the release.
Justice Patrick F. Fischer also dissented without a written opinion.
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