QUESTION
Am I responsible for those BEFORE his death considering the court order was in effect?
Asked on Jan 06th, 2013 on Bankruptcy - Michigan
More details to this question:
We had been divorced for over 10 years at the time of his suicide. Before our divorce, a family court judge ordered him 100% responsible for any medical expenses not covered by insurance for both of our daughters. Knowing my ex-husband is deceased and had no estate at all, a creditor is taking me to court over a medical bill my ex never paid. The creditor originally tried taking my 14-year old daughter to court over this same bill, but withdrew the petition after going in front of the judge. I understand I am liable for ALL bills incurred AFTER his death.
5 ANSWERS
Tax Problem Resolution Attorney serving Lake Oswego, OR
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THE WUHRMAN LAW FIRM
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I'm not sure what state you're in, but, in California, you're not responsible for HIS BILLS after he dies. You may, however, be responsible for any bills incurred for the health and safety of YOUR CHILD. Since she's 14, and presumably was your child when the medical care was incurred, the medical providers can go after you, but on the basis that you're her mother (which means they could have gone after you all along), not the fact that he died.
Answered on Jan 11th, 2013 at 12:09 AM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Unfortunately, your family law judgment only affects any relationship between you and he...it cannot bind a creditor unless they were a party tot he family law action. Unfortunately, if your ex husband passed away without paying the bills and his estate cannto pay them, then the hospital is not barred from seeking payment from you. The Court order onyl binds you and he...not the hospital.
Answered on Jan 10th, 2013 at 11:32 PM
Family Attorney serving Henderson, NV
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Harris, Yug & Ohlinger
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A divorce order is not binding on the creditor in Nevada because they weren't a party. But you should not be liable for those bills incurred by your deceased ex-husband after the divorce but before his passing. In Nevada, the statute of limitations is six years on a written contract and four on any other contract, calculated from the date of last payment. You may have a statute of limitations defense, but that depends on the state law where you live. Good luck, your local self-help center should be able to assist you with this.
Answered on Jan 10th, 2013 at 11:31 PM
Dennis P. Mikko
The divorce judgment sets forth your rights and responsibilities in regards to your ex-spouse. It does not affect the rights of a creditor toward either of you. In your case, parents are responsible for the medical bills of their minor children. The creditor could pursue collection against you. You would have a claim against your late ex-husband's estate which it sounds like is worthless.
Answered on Jan 10th, 2013 at 11:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are responsible for the payment of all you children's medical expenses he did not pay, generally. If you think you were an exception to that rule, see an attorney.
Answered on Jan 10th, 2013 at 11:21 PM