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Old 01-19-2019, 04:56 PM
 
70,898 posts, read 71,245,628 times
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Quote:
Originally Posted by BugsyPal View Post
It is important to point out that the remaining thirty or so states with filial responsibility laws on books pertain largely to *MEDICAL* and or healthcare debs. Credit as in unsecured debts are another matter.


https://blogs.cfainstitute.org/inves...leeping-giant/


Furthermore:


"Most states that have filial responsibility laws donít enforce them, hereís why: Most elders who canít pay for care receive federal assistance through Medicaid, and federal law specifically prohibits going after adult children. Also, most folks who need help paying for nursing home care qualify for Medicaid and itís unusual for someone to rack up a large bill before qualifying. So, because there is so little opportunity to apply filial responsibility laws, they very rarely affect families."


https://www.nolo.com/legal-encyclope...home-bill.html


As noted above credit card and other non medical/health related debts racked up by a deceased parent are an issue for the estate to solve. https://money.cnn.com/2014/06/19/pf/...ren/index.html


If deceased has or had no assets and or other claimants take priority then that will be that. You can't get blood from a stone.


OTOH if parent left a house and or other sizable assets as part of their estate, and the executor distributed thus liquidating said estate, then a creditor can file claims forcing those who got to give back.
Pa recently enforced the law and went after the kids for healthcare debt . But there were special circumstances if you read the case
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Old 01-19-2019, 06:09 PM
 
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Quote:
Originally Posted by mathjak107 View Post
Pa recently enforced the law and went after the kids for healthcare debt . But there were special circumstances if you read the case
Health Care & Retirement Corporation vs. Pittas. There were no special circumstances.
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Old 01-19-2019, 07:23 PM
 
18,728 posts, read 13,505,396 times
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Quote:
Originally Posted by gunslinger256 View Post
I seem to recall that some states have this transfer of debt to adult children for medical debt


https://www.debt.com/credit-card-deb...-parents-debt/

You may be responsible for paying your parents unpaid medical bills if you live in one of these states:
Alaska Louisiana Ohio
Arkansas Maryland Oregon
California Massachusetts Pennsylvania
Connecticut Mississippi Rhode Island
Delaware Montana South Dakota
Georgia Nevada Tennessee
Idaho New Hampshire Utah
Indiana New Jersey Vermont
Iowa North Carolina Virginia
Kentucky North Dakota West Virginia

I donít live in a state where this is an issue but Iíd be pissed if I got hit with something having no relationship with either parent Iím not sure why Iíd be held responsible for their medical debt
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Old 01-19-2019, 07:56 PM
 
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I have a friend,in CA, a community property state, who is currently being pursued by his deceased wifeís creditors. My personal attorney, who is not his, thinks he will be held accountable as she had an estate that is probatable.

My friend has no attorney, but his CPA is telling him to blow it off.

Weíll see where the chips fall.
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Old 01-19-2019, 10:38 PM
 
18,728 posts, read 13,505,396 times
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Quote:
Originally Posted by Cabound1 View Post
I have a friend,in CA, a community property state, who is currently being pursued by his deceased wifeís creditors. My personal attorney, who is not his, thinks he will be held accountable as she had an estate that is probatable.

My friend has no attorney, but his CPA is telling him to blow it off.

Weíll see where the chips fall.
A cpa isnít the professional whoís expertise covers this topic. If the debt was created during marriage itís your friendís to pay
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Old 01-20-2019, 02:08 AM
 
70,898 posts, read 71,245,628 times
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Quote:
Originally Posted by nybbler View Post
Health Care & Retirement Corporation vs. Pittas. There were no special circumstances.
yes there were . in that case she had applied for medicaid and before the decision was reached she fled the country and went to greece owing 93k . had she not fled , this case would never have happened. also the husband and other children were not made defendants.

Typically, if a parent is unable to pay for nursing care, they can apply for to Medicaid to pay the bills. However, the filial responsibility law may kick in where Medicaid is denied, incomplete, or delayed as it was in this case when she fled before the process was completed

Last edited by mathjak107; 01-20-2019 at 02:28 AM..
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Old 01-20-2019, 08:31 AM
 
9,146 posts, read 9,222,378 times
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Quote:
Originally Posted by mathjak107 View Post
Pa recently enforced the law and went after the kids for healthcare debt . But there were special circumstances if you read the case
The general rule is one person is not responsible for another person's debts.

There can be an exception to this rule for something called the "family purpose doctrine". If the debt incurred is deemed by a court to be for a "family" as opposed to an individual purpose than members of a family can be held responsible.

A husband is generally responsible for his wife's medical expenses and those of his minor children or children living at home.

A wife is generally responsible for her husband's medical expenses and those of her minor children or children living at home.

I am not responsible for the debts of my father and mother if they do not live in my household. I am not responsible for the debts of my adult children who live in their own home and who are raising their own families.

Here is where gets interesting though. Even if I am responsible for the debts of a family member unless I have signed an agreement that says so I am never responsible for the attorney's fees necessary to collect the debt. The debtor who has signed an agreement to get medical treatment is responsible for attorney's fees as well as the amount of his debt.
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Old 01-20-2019, 08:36 AM
 
70,898 posts, read 71,245,628 times
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not quite ..

30 states have filial laws on the books pertaining to medical debt and parents needs ,holding children responsible .

most states have not brought cases but some have like pa . .. .

http://graphics8.nytimes.com/package...A/30states.pdf

https://www.aaepa.com/2012/08/filial...ist-29-states/
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Old 01-20-2019, 08:54 AM
 
1,034 posts, read 504,437 times
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Quote:
Originally Posted by Lowexpectations View Post
A cpa isnít the professional whoís expertise covers this topic. If the debt was created during marriage itís your friendís to pay
That’s what I think too, but.....

The CPA did have the sense to tell him to pay off the credit union credit card that probably was cross collateralized with the mortgage.
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Old 01-20-2019, 11:23 AM
 
Location: Philadelphia/South Jersey area
2,843 posts, read 1,380,561 times
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lol,
Op this isn't new or a scam. a credit card company will try but usually once you tell them to go away they do so.

This happened to me twice actually. easy peasy. when my dad died chase visa gave me a call saying he had an 8k balance on his card, I simply asked them to switch me over to their department that handles death and asked for their fax number. faxed a copy of the death certificate and a notice saying to not call anymore. never heard any thing more.

American express called me when my husband died. I told them the same thing, my hubby and I had separate credit accounts, did not combine any thing and sent them a copy of his death certificate.


listen, they are just trying to get their money easily. If they think a relative will pay it without having to go to probate court, it's worth a phone call. most of the time they have no luck but if they get a hit on say 1% of the calls...
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