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HICKORY CREEK v. ESTATE OF COMBS

No. 21A04-1211-ES-600.

992 N.E.2d 209 (2013)

HICKORY CREEK AT CONNERSVILLE, Appellant-Plaintiff, v. ESTATE OF Otto K. COMBS, Appellee-Defendant.

Court of Appeals of Indiana.

June 27, 2013.

Attorney(s) appearing for the Case

Paul (Rick) Rauch,   Marc A.W. Stearns, Harrison & Moberly, LLP, Indianapolis, IN, Attorneys for Appellant.

Jamie H. Harvey, Smith Harvey Law Office, Connersville, IN, Attorney for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

According to the doctrine of necessaries, each spouse is primarily liable for his or her independent debts. To the extent that the debtor spouse is unable to satisfy his or her own necessary expenses, the law will impose limited secondary liability upon the financially superior spouse by means of the doctrine of necessaries.

In this case, Marianne Combs, a Medicaid recipient, died in a nursing home, but...

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