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Widow's Responsibility For Husband's Medical Debts

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  • 01-04-2007, 01:32 PM
    brokeandalone
    Widow's Responsibility For Husband's Medical Debts
    I live in California. I am an unemployed, uneducated new widow with 3 children (10, 8, and 7). We did not have medical insurance and have old expense medical bills in collections.

    Prior to my husband's death in Nov of this year (heart attack on Thanksgiving day), we sold our mobile home in September to help pay for our debts. Now I need that money to live, as the social security will not be enough.

    There was no life insurance, he filed bankruptcy for medical bills in June 2001 before we married Sep. of 01 and has racked up more medical bills since then.

    My questions are;

    1. Do I have to pay his medical bills? I did not sign the agreements but I know that California is a community property state.

    2. Can they take the money from the sale of our mobile to pay for them?

    3. Can I file bankruptcy for his medical bills? And should I?

    4. Will I have to pay tax on the sale of the mobile, we made $210k, but we paid cash for a car and took care of my teeth and our children’s. I have about $140k left after burying him, etc.

    I am very scared, I can not live without that money and don't think I can afford to make much in payments. I have only held a few jobs as a cashier, I did not finish high school and can not pay childcare.

    What do I do?

    Any help and advice would be very appreciated.
  • 01-04-2007, 02:42 PM
    seniorjudge
    Re: Widowed in Calif. no money, 3 kids, husband's medical bills
    You make danged sure those creditors do NOT know about that money until you can talk to a lawyer.

    Call the state bar association and ask for a low cost lawyer.
  • 01-04-2007, 04:19 PM
    Just Breath
    Re: Widowed in Calif. no money, 3 kids, husband's medical bills
    You should consult a bankruptcy attorney. Was your husband the legal father of any or all of your children? Are they entitled to SSI death benefits?
  • 01-04-2007, 06:42 PM
    brokeandalone
    Re: Widowed in Calif. no money, 3 kids, husband's medical bills
    Thank you. Yes, he is the father of all of my children. He also has a 22 year old daughter from a previous relationship. Because he did not earn much over the years, the SSI benefits are very minimum and will hardly cover rent.

    We did not marry until after he filed bankruptcy and my father passed away and left us with enough money to purchase the mobile home we had to sell. My husband was always getting sick and had no insurance. I have very little on my credit. I was hoping to not to have to file bankrutcy plus I am not certain if under the new laws if because I have that money in the bank they may not let me discharge his medical debts.

    Again, thanks
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