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What defenses exist against the family purpose doctrine for medical bills?

What defenses exist against the family purpose doctrine for medical bills?

Full question:

What defense should I use against the family purpose doctrine for a deceased spouses medical bills?

Category: Debts and Credit
Date: 04/07/2025
State: Colorado

Answer:

The family purpose doctrine allows creditors to collect expenses related to family and children's education from both spouses' assets in Colorado. This means that if one spouse incurs significant medical bills before passing away, the surviving spouse may be held liable for those debts, especially when they are not fully covered by insurance.

To defend against claims under this doctrine, consider the following options:

Good medical insurance: This can help mitigate the risk of incurring large medical debts.
Trusts: Establishing a life insurance trust or an irrevocable trust can protect assets from being claimed under the family purpose doctrine. Assets in these trusts are generally not considered part of the deceased's estate or reachable by creditors.
Divorce: Since the doctrine applies only to married couples, divorce might be a last resort to avoid liability.
Statute of limitations: In Colorado, creditors have a limited time to collect debts. If they do not file a lawsuit within the applicable time frame, they may be barred from enforcing payment. For most contract actions, including medical bills, the statute of limitations is three years (see Colo. Rev. Stat. § 13-80-101).

Understanding these defenses can help you navigate potential claims against you for your deceased spouse's medical bills.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Am I legally responsible for my spouse's medical bills?

In Colorado, you may be held responsible for your spouse's medical bills if they were incurred during the marriage, especially if insurance does not cover them. The family purpose doctrine can apply, making both spouses liable for debts related to family needs. However, if your spouse passes away, your liability may depend on the specific circumstances and whether the debts were incurred jointly or solely by your spouse.

Do medical bills go to a spouse after death?

Yes, in Colorado, a surviving spouse can be held responsible for a deceased spouse's medical bills, particularly if those bills were incurred during the marriage. The family purpose doctrine may apply, allowing creditors to pursue the surviving spouse's assets for payment of these debts. It's important to review the specifics of the debts and the estate.

Am I responsible for my spouse's credit card debt after death?

In Colorado, a surviving spouse is generally not responsible for the deceased spouse's credit card debt unless both spouses were joint account holders. Creditors can only pursue the deceased spouse's estate for payment. If the estate lacks sufficient assets, the debt may go unpaid. It's advisable to consult with an attorney for guidance on your specific situation.

Is wife liable for deceased husband's debt?

In Colorado, a wife is typically not liable for her deceased husband's debts unless she co-signed or was a joint account holder. Creditors can seek repayment from the husband's estate, but they cannot pursue the wife’s personal assets unless she is legally responsible for the debt. It's important to assess the nature of the debts and the estate's assets.

How to protect a spouse from medical debt?

To protect a spouse from medical debt in Colorado, consider obtaining comprehensive health insurance to cover potential medical expenses. Additionally, establishing trusts, such as irrevocable trusts, can safeguard assets from creditors. Regularly reviewing financial obligations and planning for medical expenses can also help mitigate risks associated with medical debt.

Is a surviving spouse responsible for deceased spouse's medical bills?

Yes, a surviving spouse may be responsible for a deceased spouse's medical bills in Colorado due to the family purpose doctrine. This doctrine allows creditors to seek payment from the surviving spouse's assets for debts incurred during the marriage. However, the extent of liability can depend on the specifics of the debts and insurance coverage.