need advice on estate

[Rhiannon10]

What is the name of your state (only U.S. law)? California

Yes I am in a quandary of what to do,,, I have been separated for 15 years from my husband, supporting myself...He is in poor medical health and he has Social Security and now is drawing on a union pension. He just now applied for state medical aid for this past surgery as medicare doesn't cover it all. My question is will I be held accountable for any of his medical bills as we are still legally married. If I handle his estate when he passes and then his pension comes to me, will that be cause for his bills to be sent to me? I could let his children handle his passing but then what happens to the pension as it is community property.

 

[LdiJ]

What is the name of your state (only U.S. law)? California

Yes I am in a quandary of what to do,,, I have been separated for 15 years from my husband, supporting myself...He is in poor medical health and he has Social Security and now is drawing on a union pension. He just now applied for state medical aid for this past surgery as medicare doesn't cover it all. My question is will I be held accountable for any of his medical bills as we are still legally married. If I handle his estate when he passes and then his pension comes to me, will that be cause for his bills to be sent to me? I could let his children handle his passing but then what happens to the pension as it is community property.

Is your separation a legal one? Did it go through the courts?

 

[latigo]

Is your separation a legal one? Did it go through the courts?

My, what a "significant" question. Or at least you must think so.

Would you care to explain what consequences the answer may have on the laws of California that address post-separation indebtedness? Or are you willing to admit that like everything that has to do with this discipline, they are totally foreign to you?

 

[OHRoadwarrior]

Latigo, please stay on topic. It is a valid question, which will most assuredly shed more light on the topic at hand. The fact is, a legally registered separation should have already addressed part of this issue and division of property. Further, his estate will be responsible to all his creditors. The court appointed administrator would handle disposition of the estate and bills. Pensions can be subject to different rules at the election of the pensioner. OP would need to consult him about a potential spousal payment. I provided a link to CA Superior Court, if OP wishes to pursue investigation or action.

http://www.sfsuperiorcourt.org/self-help/legal-separation

 

[Rhiannon10]

more info

I need to explain more of my situation, been physically not legally separated from my husband for 15 years, no community property except pension. If I don't divorce him am I liable for his medical bills that he will leave behind. I know that the pension will automatically come to me but I don't and cannot afford his bills. Would it be advisable to divorce him?

 

[tranquility]

I need to explain more of my situation, been physically not legally separated from my husband for 15 years, no community property except pension. If I don't divorce him am I liable for his medical bills that he will leave behind. I know that the pension will automatically come to me but I don't and cannot afford his bills. Would it be advisable to divorce him?

In Re Marriage of Hardin (1995) 38 Cal.App.4th 448:

The ultimate question to be decided in determining the date of separation is whether either or both of the parties perceived the rift in their relationship as final. The best evidence of this is their words and actions. The husband's and the wife's subjective intents are to be objectively determined from all of the evidence reflecting the parties' words and actions during the disputed time in order to ascertain when during that period the rift in the parties' relationship was final.

But, rather than have a chance to argue it in court, get a divorce.

Clean things up. If husband runs up a large debt, it could cost you thousands in court costs with EACH creditor to fight it.

 

[ecmst12]

But...then she won't get his pension after he dies!