Question:
Can a physician sue a surviving spouse for services rendered without having to join the deceased spouse’s estate?
Answer:
Yes. In Klein & Associates v. Klein, 637 S.W.2d 507 (Tex. App.—Eastland 1982, no writ), the court held that a physician could properly sue a widow without joining the estate of her deceased husband. The trial court had dismissed the case for lack of jurisdiction, reasoning that the estate had to be a party. But the appellate court reversed, declaring that either spouse may be sued individually for obligations incurred during the marriage. A claim need not wait for the formal machinery of probate to grind into motion. Where one remains, the law does not require both.