Spousal Duty of Support

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Merit Decision: Creditor Must Bring Claim Against Debtor Spouse’s Estate Before It Can Sue Surviving Spouse Under Necessaries Statute. Embassy Healthcare v. Bell.

By Marianna Bettman on December 17, 2018

“R.C. 3103.03(A) and the admission agreement leave no question that Robert was the debtor and that his estate remains primarily responsible for his liabilities. Embassy was therefore required to seek recourse first against Robert’s estate before seeking payment from Cora.”

Justice French, majority opinion

“Because the necessaries statute permits a claim to be made directly…

What’s On Their Minds: Collecting a Debt for a Decedent’s Necessaries Against a Surviving Spouse. Embassy Healthcare v. Cora Sue Bell.

By Marianna Bettman on July 30, 2018

Update: on December 12, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“What if it is an insolvent estate…What happens to Embassy’s bill?”

Chief Justice O’Connor, to counsel for Cora Bell

“Because he (Robert Bell) is deceased, isn’t the place to litigate or determine his…

Oral Argument Preview: Collecting a Debt for a Decedent’s Necessaries Against a Surviving Spouse: Embassy Healthcare v. Cora Sue Bell.

By Marianna Bettman on July 9, 2018

Update: on December 12, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

Read the analysis of the oral argument here.

On July 18, 2018, the Supreme Court of Ohio will hear oral argument in Embassy Healthcare v. Cora Sue Bell, 2017-1031. At issue in…