Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
It's not irrelevant. Assets which you will to people are not a part of the estate. Sure, lawyers can still try to recover for their clients, but when dad dies and leaves mom the house and a little cash, good luck recovering those gambling debts. It's pretty much not going to happen.
My dad had a good will. Though I had to spend five years forcing her to do it, my mother had a good will. My husband had a really good will bound in a fancy vinyl binder. Military lawyers. I have a decent will.
I've had to handle three estates. It the saddest job that I've ever had to do--right behind the insurance company job, but I learned quite a bit.
It's not irrelevant. Assets which you will to people are not a part of the estate. Sure, lawyers can still try to recover for their clients, but when dad dies and leaves mom the house and a little cash, good luck recovering those gambling debts. It's pretty much not going to happen.
I know you mention extensive experience with wills and estates, but is that true? Every will I saw while working with the attorneys included a clause at the beginning stating, "I direct that my just debts be paid as soon as possible after my demise", or something similar. I just checked my own will and it says the same thing, but somewhere in the middle of the document. It was always my impression that debts were to be paid first, THEN the remainder distributed to the heirs.
If you're saying that the bill collectors won't come after Mom because there's not much to gain, I believe it.
courts have recovered assets passed via beneficiaries on ira's already , so i would not take the fact that if an estate owes money the creditors are not going to claim it back . they can and do going so far as to go after inherited ira money . . whether non probated assets are subject to recovery is a state thing and each state has their own view as to whether tod accounts , revocable trusts and beneficiary's can be clawed back . probated assets almost always are .
It's not irrelevant. Assets which you will to people are not a part of the estate. Sure, lawyers can still try to recover for their clients, but when dad dies and leaves mom the house and a little cash, good luck recovering those gambling debts. It's pretty much not going to happen.
My dad had a good will. Though I had to spend five years forcing her to do it, my mother had a good will. My husband had a really good will bound in a fancy vinyl binder. Military lawyers. I have a decent will.
I've had to handle three estates. It the saddest job that I've ever had to do--right behind the insurance company job, but I learned quite a bit.
So what does any of this have to do with credit card debt of a deceased party?
I know you mention extensive experience with wills and estates, but is that true? Every will I saw while working with the attorneys included a clause at the beginning stating, "I direct that my just debts be paid as soon as possible after my demise", or something similar. I just checked my own will and it says the same thing, but somewhere in the middle of the document. It was always my impression that debts were to be paid first, THEN the remainder distributed to the heirs.
If you're saying that the bill collectors won't come after Mom because there's not much to gain, I believe it.
This is how it’s currently playing out with my friend. Debts being settled first, then distribution of remaining assets, if any.
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
What would happen if you didn't pay it? Does it go to collections?
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
Quote:
Originally Posted by Minethatbird
What would happen if you didn't pay it? Does it go to collections?
so far only pa. has actually done it but it was a special situation that triggered them doing it. otherwise it really is not done .
RE: the PA filial responsibility case: I guess most people would understand that just because a person "left" the country...doesn't always mean they "fled" the country. Of course the plaintiffs going after the money -- who I know won their case -- would say she "fled" intentionally so as not to pay.
the real problem was that they left while their medicaid application was awaiting approval and had they not left medicaid would have paid those bills retroactive
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
