If a divorced father had medical insurance on his 3 children and 1 of them incurred large medical bill but before they were paid the father died, is the mother now responsible for them?

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If a divorced father had medical insurance on his 3 children and 1 of them incurred large medical bill but before they were paid the father died, is the mother now responsible for them?

The youngest child had some eating disorders and was medically treated under the father’s medical insurance. During this process, the father passed away unexpectedly from a stroke. Is the divorced mother responsible for those unpaid medical expenses? The couple was divorced 10 years ago.

Asked on June 24, 2015 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  There are way too many variables here and you need to seek help asap.  If the children were entitled to medical coverage under the Father's policy then they would be entitled to COBRA coverage when he passed that would continue the same coverage for 18 months. Call his HR department and speak with some one there and then get a lawyer involved.  Good luck.


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