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Attorney & Mediator
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Category: Legal
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Experience:  Attorney & Certified Mediator
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My ex-wife passed away in December and I now have our 16 year

Resolved Question:

My ex-wife passed away in December and I now have our 16 year old handicapped son. In our divorce decree it stated that I am responcible for 50 % of the medical bills only when she submits them to me. Here is the question. My ex rented a cpap machine in August and now they are sending me to collections. Do I have to pay the whole amount or am I even responcible for any of it. I want to cancel the rental agreement but they said the doctor has to send them a discharge order for them to pick up. What can I do? Help!!
Submitted: 5 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 5 years ago.
It all depends on who is liable in that rental agreement. If it is only her, then her estate is liable for the full amount but the personal representative can then seek half from you per the terms of the divorce order. If the agreement provides that you can also be made responsible for the full amount, then you can be ask to pay for the full amount. Then you would need to seek contribution for her half from her estate.




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Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 5 years ago.
I never seen or signed anything with the rental company. She did not have a will or estate for them to go after anything.
Expert:  Attorney & Mediator replied 5 years ago.
Was this machine purchased before or after the divorce?

Customer: replied 5 years ago.
After the divorce and without my knowledge.
Expert:  Attorney & Mediator replied 5 years ago.
If this was after the divorce, then you are not responsible for her purchases. They would need to collect against her estate, if she has anything and if nothing then they are out of luck. If you have never signed to be responsible for this debt, then collections cannot come after you. They need to go against her estate if she has any or cut their losses.

If collection comes after you, under the Fair Debt Collection Practice Act they need to prove you owe them the money, if they cannot they cannot collect from you. This is called validation. You can dispute to their collections and they would have to prove you owe them.


http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

http://www.creditinfocenter.com/rebuild/debt_validation.shtml





_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.





Attorney & Mediator, Lawyer
Category: Legal
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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