What defense should I use against the family purpose doctrine for a deceased spouses medical bills?
The family purpose doctrine states that the expenses of the family and the education of the children are able to be collected from the property of both husband and wife, or either of them, and that they may be sued jointly or separately to collect such debts. The medical, dental and educational costs incurred for the benefit of the children are the debts of both the husband and wife. A creditor in Colorado may try to use the family purpose doctrine when a spouse incurs a large hospital bill before passing away. Often, this debt is very large and not covered by insurance. Through the use of the family purpose doctrine, the medical providers file suit against the surviving spouse instead of the Colorado probate estate. Good medical insurance is one way to reduce the risk of the family purpose doctrine. A life insurance trust or other irrevocable trust may also protect assets from being attched under the family purpose doctrine. Assets in an irrevocable trust are generally beyond the reac
