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  1. #1
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    Jan 2011
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    Default California Deceased Spouse's Medical Bills

    My question involves collection proceedings in the State of: California

    Here's a scenario as an example: A couple marries, Joe and Jane. Jane has assets she obtained prior to the marriage in her own name, and inherits some assets during the marriage. Joe had few assets at the time of the marriage. Joe is ill and accrues many medical bills, and uses all of his private assets to pay down the bills, but he has very few assets left in his own name when he dies. Each partner maintained their own separate bank account and did not comingle their income or the assets. Joe was competent throughout his illness and signed all paperwork for receipt of the medical services, Jane signed nothing, and Joe signed paperwork assuming responsibilities. Joe dies and Jane immediately receives contacts from the billing organizations asking that she use her own assets to pay for Joe's medical bills and the debts thereby acquired.

    Does Jane have any legal obligation to pay any part of this debt in the State of California?

  2. #2
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    Default Re: California Deceased Spouse's Medical Bills

    yes, she does.

  3. #3
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    Jan 2011
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    Default Re: California Deceased Spouse's Medical Bills

    Could you explain the reasons under the law?

  4. #4
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    Default Re: California Deceased Spouse's Medical Bills

    It seems California is offline. The best I can give you is cal civ code 5132. It should address the doctrine of necessaries.

  5. #5
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    Default Re: California Deceased Spouse's Medical Bills

    Agree, Ca. recognizes the doctrine of necessaries. Husbands and wives are responsible for each other's medical costs/debts under the doctrine of necessaries for medical bills/debts incurred during marriage.

  6. #6
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    Default Re: California Deceased Spouse's Medical Bills

    Is this homework?

  7. #7
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    Default Re: California Deceased Spouse's Medical Bills

    Quote Quoting Betty3
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    Agree, Ca. recognizes the doctrine of necessaries. Husbands and wives are responsible for each other's medical costs/debts under the doctrine of necessaries for medical bills/debts incurred during marriage.
    Even with assets that were never community property?

  8. #8
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    Default Re: California Deceased Spouse's Medical Bills


  9. #9
    Join Date
    Apr 2007
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    Il.(near StL,Mo.)
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    Default Re: California Deceased Spouse's Medical Bills

    Quote Quoting cbg
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    Is this homework?
    That crossed my mind also, cbg, but then I thought maybe OP just didn't want to get too "personal."

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