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Husband passed away with no medical insurance. Am i legally responsible to pay his medical bills if he's uninsured in Colorado?

Aurora, CO |

Husband died intestate.

Attorney Answers 4

  1. If Colorado is a community property state then debts of one spouse are the responsibility of both spouses unless there is a specific agreement otherwise. So google whether Colorado is a community property state. These kind of states assume that debts and assets acquired during marriage belong to the community (both spouses).

  2. I would speak to a well known Colorado bankruptcy attorney. There are ways around this, I believe. It wouldn't hurt a free phone call to an established firm. Request to speak to a lawyer that is at least 5 years of experience. Good luck!

    I am an attorney licensed to practice law in Ohio and some Federal Courts throughout the United States. I am not answering your question to solicit you as a client and there is a good chance that I am not licensed to practice law in the state that you reside. I hope that you find my assistance beneficial and, at most, use my advise as a finger pointing in the right direction. An attorney client relationship is not established by posting back and forth online. One of the most beneficial aspects of working with an attorney is the attorney client privilege which does not exist when you post personal facts online to faceless strangers. Hire an attorney if you want specific legal advise. If you cannot afford one, call your local bar association or search "(your city) legal aid" online. The fact that you took the time to post your question online likely means that you could use the aid of an attorney. Call around your area and see if any local attorneys offer free consultations.

  3. CO is not a common law marriage state, but it does subscribe to the "doctrine of necessaries." Under this legal theory, a spouse is liable for the debts of another if that debt was incurred for a "necessity" of life, medical treatment being the most common form. Clearly, the medical providers have a claim against your husband's estate, so anything he owned in his own name is able to have a claim filed against it. But, you're also able to be sued if they wish to establish a claim under this doctrine. You'll want to consider filing bankruptcy yourself.

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  4. Colorado does have a statute and a legal theory holding that if a person incurrs debt for a family purpose during the time of a marriage, then the none-signing spouse can be held liable. So if the parties are married, the question is whether those debts were incurred for a family purpose. That, I think, will be a fact question. Good luck!

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