Family Debt

[Inque]

Missouri


I have a dad who has mental problems and health issues who loves to spend money. My mom is still in the relationship with him. What im trying to figure out is, if he passed away, would all the debt that they have be transfered to my mom's name? What about me, being the kid? If my mom was to divorce, I assume debt would be split as the courts saw fit. What if after that, my dad racked up more debt, then passed away? Would it come to my mom, or even me? (Please assume that my dad has no assets, which is about true, and lack of insurance)

She is considering paying off all of the debt, but I dont think thats right or fair. She just doesnt want it falling down on us as the kids, or killing her credit later on.

[seniorjudge]

If pa leaves any assets, then if you or ma want to get any of it, then the debts will have to be paid first.

[Inque]

Originally Posted by seniorjudge

If pa leaves any assets, then if you or ma want to get any of it, then the debts will have to be paid first.

Does that change if they are still married? Or is it pretty much, the companies have the right to everything he owns, unless we pay them to take the items.

Is there ANY way, that the companies could come after me or my mom, for debt that was NOT signed by either of us? (Debt he got solely on his name alone)

[seniorjudge]

They might come after ma if the debts were made for necessaries (food, lodging, medicine) but they can't come after you.

Do not talk to the creditors.

It's not your debt.

[Inque]

Originally Posted by seniorjudge

They might come after ma if the debts were made for necessaries (food, lodging, medicine) but they can't come after you.

Do not talk to the creditors.

It's not your debt.

Good to know, my mom is afraid of the whole divorce aspect because she doesnt want his debt to become mine or my brothers... so this is very good news. I have one more question though, if there were multiple credit cards, and each was used minimally for lets say... medicine, or food, but a vast majority was for non food, med, or lodging. Can it all go to her? Or is there a partial middle ground of some sort.