Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Banking & Credit Cards

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-17-2005, 01:57 PM
Junior Member
 
Join Date: Aug 2005
Posts: 3

Are children responsible for debt of parents?


What is the name of your state? Indiana

My mother is ill and will not be with us long.

She took out a home equity loan a few years so there is not much equity in her house. She has a credit card balance that includes a recent balance transfer in which she paid off one of my siblings credit cards. And now there are mounting medical bills.

I assume the house will have to be sold to pay off the home equity loan. Other than her vehicle which is older and not worth much the only asset she has is a $10,000 life insurance policy. Which she intends to be used for her burial costs.

My question is, will my siblings and I be responsible for her medical bills and credit card debt?

Thank you.
  #2  
Old 08-17-2005, 02:53 PM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
who is listed as beneficiary of the insurance policy?
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #3  
Old 08-17-2005, 02:59 PM
Junior Member
 
Join Date: Aug 2005
Posts: 3
My siblings and I
  #4  
Old 08-17-2005, 03:32 PM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Then you're right, the home will have to be sold to satisfy the creditors and anything else that passes through probate.

However, insurance does not pass through probate so that can be used by the beneficiaries as they see fit.

If there is not enough in the estate to satisfy all creditors, well tough luck for them.
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #5  
Old 08-17-2005, 07:23 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Bottom line, you are NOT responsible for your mother's debts. Her debts have to be paid out of the estate, in this case, her house.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #6  
Old 08-17-2005, 07:27 PM
Senior Member
 
Join Date: Jun 2004
Location: "Harvey and Me"
Posts: 25,177
Quote:
Originally Posted by Ladynred
Bottom line, you are NOT responsible for your mother's debts. Her debts have to be paid out of the estate, in this case, her house.
This is VERY DANGEROUS territory woman. You actually agreed with me

Be afraid....be very afraid
__________________
Just because I'm a miserable human being doesn't mean I'm not right...
  #7  
Old 08-17-2005, 07:29 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
LOL It happens...
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #8  
Old 08-18-2005, 04:52 AM
Junior Member
 
Join Date: Aug 2005
Posts: 3
Thank you both very much. The reality of losing my Mother is hard enough, to have this weight lifted helps a lot.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:44 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.