File the complaints I mentioned. If you take them to Court, have the owners of the business behind it served by a uniformed officer at their home address.
My mom died in nursing home in Ga. when she died she was on medicaid ,I had guardianship ,she had alzheimers.. They billed me 88K . I laughed , sent them a letter that as our funds were not blended and she was covered by medicaid I was not going to pay. ( I discussed with my lawyer) good information to learn it was against federal law. They never contacted me again.
Thank you so very much for your help. Getting older is not fun; most seniors are hurting physically, mentally, and financially. Your channel is so informative; it’s a breath of fresh air.
@@toasternfriends3329 nope, the person who contracted the debt is dead so should be the debt,it should no longer exist. A dead person cannot repay their debt so the debt should be as dead as the debtor is,all contracts should become null and void upon death not legally binding because the person who made it/signed it no longer exists. U.C.C. 1-308 all rights reserved with extreme prejudice Freedom of speech.
@@toasternfriends3329 their descendants,relatives didn't sign the contracts or agreements creating said debt, therefore they should not be held responsible to repay it. U.C.C. 1-308 all rights reserved with extreme prejudice Freedom of speech.
@@dragonf1092 I agree 1000000%. My father died and he and my mother have been separated for many years yet my mother seems to be responsible for some of his debts. They lived in separate houses and lived separate lives. Yet she is not being allowed to get the estate cleared to take over his mortgage or to get any of it in her name.
My dad had a credit card. When he passed the company tried to say my name was on the account. I told them my name wasn't on the account. Then they said it will ruin his credit. I said since he has died, I don't think he will care. The company never called back.
And if they do it's a violation of Federal and other law designed to protect consumers, so file a complaint with your states' Attorney General Office and the CFPB at a minimum.@@besmith7093
This is so informative. I have struggled and struggled to try to pay debt I’ve incurred for fear my children would be responsible for these bills when I pass. Wish I would have known all this information when my husband passed 30 years ago. We are led to believe just the opposite by so many.
That's the thing about collection agencies. You don't owe them anything. They have already been paid. By law, you don't have to pay on the same debt twice.
My Dad passed 2 years ago April 12th the deed was only in Dads name.but he did have a will stating everything to be sold and the money from the estate would go in equal shares between my mom and all of their children.my Dad had left me the car .and even though he did and he was the only one on the car after he passed mom had to sign so I could get the auto registered.
I paid on my late husband's credit card for several years and realized I wasn't obligated. When I called the company they did stop the billing, but refused to pay back what I paid in error, even after I told them I made them aware of his passing early on. So I lost some, and saved some and learned a lesson along the way.
I think in the case of a spouse the estate could be liable for any debts which would make the surviving spouse at least indirectly responsible if she inherits the estate.
Immediately in writing deny that you owe anyone anything and file complaints with the CFPB and your state's Attorney General for starters. Don't forget to file with the BBB repeatedly and publish continuously on social media, TV stations, etc. Expose the businesses, doctors and medical providers behind such schemes.
My wife's ex husband died with substantial negative equity in his house. The mortgage holder tried to convince his daughter's that they were responsible. Luckily they knew better. They did quickly collect his life insurance in case that was subject to being seized to cover the debt.
This is my experience. (live in CT). I had power of attorney for my mother (she was on Medicaid) but was not on her bank account. When she passed, the nursing home kept trying to get me to pay her bills that I had forwarded to her. Being on her account would have made me liable for her debt. Needless to say, I didn't have to pay her debts.
You got lucky. Connecticut is one of the states with filial responsibility laws, where the children are legally responsible to pay their parents' nursing home and medical bills. At least Connecticut restricts the conditions. My state also has filial responsibility laws and the rules are broader. Luckily my mother and my husband's mother both had enough money in their estates to pay for their expenses.
My mom is being sued for credit card debt. She is on social security and can no longer work with my small business. She has her own bank account, and we also share one where my paycheck goes into. I work so much that she sits at the desk and helps me pay the bills and grocery deliveries, etc. I am a little concerned that if a judgment falls against her, they will freeze our joint account. I really hope it doesn't come to that, and I live in Texas.
Thanks for the ease of mind. When the topic of filial responsibility came up. I have a 84 year old mother who's wanting to move to a state with this law. And felt as though she didn't care about her childrens financial well-being. Knowing they can SUE us. Yes she is looking at her last stage of life. And feels that moving would be better. Such a trying time
Thank you I’m a new sub referred by my girlfriend Jo-Ann I loved your video so informative thank you for your honesty and hard work love Karen Long Beach NY
Thank you so much for such great info! I like to know if a senior owns a house and is on Medicaid what happens if he/she wants to sell the house? Will the Medicaid benefits continue or not? Or is there a law that can help maintain this benefit without loosing any money obtained from the sale?
My late sister worried for years about debt falling to the children, and had horror stories to back up her fears, so this is so very comforting, as my Mother & her husband approach their later years!
I am an RN case manager currently and used to run a skilled nursing facility so deal the death and dying on daily basis. I lost my mom 3 years and ended up being her executor and got my letter of testamentary (not sure of spelling). So many merchants and vendors tried to get me to pay her debts I told them to pound sand. I sent her death certificate for each mail I got. Each call I got I I said well I talked to Heaven and they told me my mom doesn’t care about her credit score and that I am recommending your write this off as bad debt. Know the FTC fair credit and collections practices. As for California thanks to Senator Ellen Corbett Democrat I always got the money we required I put so many liens and used a lawyer PI team that collected ever single dollar. They found boats, property, small claims, etc…. They were great.
In Oklahoma if your name is on your parent’s bank account, or you are authorized to use their credit card are you automatically responsible for debts they incur?
I love this channel ! Didn't no it exists stumbled across it and started listening to it boy am I glad I did . Very interesting and informat I'm really learning a lot.will be keeping this channel and passing it on
Thank you great video. I'm going through this now just lost my wife at 42 and she had some debt. I was told by my lawyer to send them my wife's death certificate. One less thing on my mind
My husband passed he had back child support on his 40 year old daughter and was paying it until his death. This is not my child and I never adopted her. Will I be made to pay his back child support. Also my husband has no assets. The home I live in was purchased in my name only. We live in a community property state.
You are not responsible for your any back child support owed by your deceased husband. And your home is not at risk either. You will be fine. Eric HELPS
Well the spouse or children may not be responsible for the deceased debt, what about their estate? Don't any assets they own independently have to be used to satisfy their debts before other heirs can be paid from those assets?
Of course. However there is a priority in payment, which includes burial cost first. Seniors with very few assets, perhaps an old car or furniture really don't have an estate of any value.
What about if the spouse passes and your name not on the title or deed of the house and there is no will, but there are stepchildren and you were married before they purchased the house
Every state has laws covering what is called intestate succession which determines the priority who gets property when a person dies without a will. Normally a spouse would get 1/2 of the estate at least and possibly everything. This is assuming the home is in the deceased spouse's names and his prior children were not joint owners on the deed when he passed away. When you say "they purchased the house" everything becomes confused. You could contact a local attorney or research the answer for your state. Eric HELPS Nonprofit Law Firm
Maybe you mentioned the answer to my question but I didn't catch it. Doesn't Medicaid go after the person's property after they die to recover their costs for care? So, that is how the children end up paying. They lose that gift from their parents. That's why you should get your family back home to care for them. Save their estate from the state. Maybe I'm wrong.
How would you find out if your stimulus was taken by creditors? And I just heard I don't know how true it is that up until the mix up with senior citizens etc that we were protected that they couldn't take our money but now that it's it's this where the money is going out for senior citizens etc that they can and the reason I ask is my status is still singing the same
So if a spouse is injured in an auto accident, taken to the ER, paralyzed from the neck down and on life support, unable to breathe or speak because a breathing apparatus in their mouth, and the spouse is told by hospital that they must have an operation on the neck or they will die and are asked to sign a consent to operate which contains a sneaky clause obligating the uninjured spouse to pay, when then? Is the so-called Consent voided? Does the surviving spouse have to pay?
In most states a spouse is responsible for the medical debts of the other spouse whether anything is signed or not. However that doesn't mean that the spouse would actually have to pay the debt. That is an entirely different question and answer. Eric HELPS
My dad thankfully has no credit cards or accounts receivable due. his funeral is paid for and arrangements made. but he needs a will. I am the last closest living relative.
I used to work for a nursing home in California, and they supposedly passed a law that if the chlidren were only ones left, the children would have to pay, filial responsibility.
@HELPS They are occasionally, and that's enough to make my hair stand on end. I no longer have to worry about it since my and my husband's parents passed away years ago and everything is settled, but some people really get skewered, like John Pittas.
Our Dad had a Will prepared in which he indebted us (his children) to pay to keep his 2nd wife up until she dies in the house that belonged to our Dad and our Mother!
Sometimes seniors waste precious resources paying old debt they don't need to pay and end up in poverty when that money is gone. For example, if a senior had $50,000 in credit card debt and tapped into a IRA to maintain the payments until the IRA is gone. The IRA next egg is gone and they likely still owe debt. The IRA was protected and didn't need to be used to pay the debt they couldn't afford to pay. Almost half of Seniors over 65 have incomes within 200 percent of the poverty line. They retire owing more debt than ever before. They are classified as economically vulnerable. These videos with HELPS discuss the importance of seniors' preserving protected income so they can maintain their financial independence and not fall as you say to "welfare level." There are many ways seniors can adjust finances so they can be independent financially.
I know a lot of this sounds ridiculous and it shouldn't happen but I think that's our fault as voters. Because we don't press the people that write the laws that allowed us to actually be a thing. We're too busy using our voting power as a popularity contest. And it's probably because we don't know the right questions to ask when deciding who we're going to vote for. So year after year nothing changes and people get into office based on little to nothing just so they can have a personal financial gain. In this world, no one outside of your family cares about you. They only pretend to.
The only way Chase would be able to place a lien on your home for a credit card debt would be with a judgment. Then again that may mean nothing depending on other factors. Eric HELPS
Could the children be responsible for their parents reverse mortgage balance? What are the laws for parents who are still living but no longer residing in their home or deceased regarding this matter?🤔 These are questions that I Don’t Trust Tom Selick, or William Shatner could answer honestly.🤨
Senior Living has a video on reverse mortgages that helps answer this question. Children are not personally liable on a reverse ,mortgage debt when a parent passes. But a reverse mortgage is like any other mortgage balance. It must be paid and is due upon death. Generally the family will have up to a year to sell the home or refinance and pay off the reverse mortgage balance. When parents move from the home and are not returning the reverse ,mortgage becomes due. There is also a provision where if the home is valued at less than what is owed for the family to pay off the mortgage with a 10% discount. Eric HELPS
My mother recently committed suicide over putting her and her husband into massive debt. But was also foraging checks in his name. And put them both in massive debt. Without him knowing. Because he trusted that she had it all together.and was able to manage it all. And the shame of everything she was doing, coming to light was too much for her to bare. So she took her own life. But now she’s left this enormous mess. With things in his name. That she was signing as him. What happens then?
Never sign anything any hospital requires you to sign. If you or your loved one dies, the hospital, it's Staff, including doctors, nurses, owners, etc. are chargeable with manslaughter at a minimum. Call the Police and get a Police report for starters. And publish all the facts repeatedly on social media and seek local press and TV consumer investigation and newstories. Hospitals receive billions in public aid (bonds, grants, etc.) and millions from Federal government programs like Medicare and Medicaid. Some even pretend to be non-profit, charitable or religious based. Contact your representatives to demand that any tax free status be voided. Confirm whether your representative is on their payroll or not.
The only way you could be held for their debts is if you cosigned somthing for them. As long as you keep everything of their's separate from yours (don't cosign anything with them) you cannot be held liable for their debts.
I am South African. My mom passed in July of last year. She was a divorces pensioner. The lawyers are billing me for her entire credit card debt plus all of her medical aid uncovered plus her estate tax and her income tax!!!!
Regarding debt before marriage: it doesn't stop the IRS or child support from garnishing the wages of the new spouse. I've heard of this happening directly from the person it happened to. They had no idea prior to the marriage that their future spouse owed the debt.
@@catherineostrom7575 A new spouse would only be responsible for debt of the other spouse incurred during their marriage. Definitely not for the debt of the spouse incurred before they were married. Regardless of community property state or not. Eric HELPS Nonprofit Law Firm
@@catherineostrom7575 If she had a joint bank account with her husband yes they would take what is in the account. They didn't garnish her wages. And if they took money out of a joint account the IRS has procedures called the "innocent spouse rule" whereby the IRS would give her that portion of money in the account that was from her wages. Her mistake was to put money into a joint account and because she didn't know anything about the innocent spouse rule. Then again what people tell someone what happened is very often not exactly what happened. The IRS knows the rules. Eric HELPS
If you receive a home under a will, the will provides as part of the probate process that the debts of the deceased be paid first before heirs receive anything. Eric HELPS
If you are worried about being in a community property state you might want to listen to the video again. You can search community property states and get a complete list or search your particular state Eric HELPS
What happens if we don't have a running mill? My wife's family had one down south they did corn and flour! Wasn't a business, but 14 kids to spilt the mill!
What about credit card debt left by a deceased senior? Does the child have any responsibility for that debt? The video addressed medical bills, but I didn't hear anything about credit card debt.
Everything I read states that children of the deceased parent, they would be responsible to pay. You state otherwise, which is great - I hope I don’t have any debt at that time( which I am working on now). I live in Minnesota, is there anything is print I could receive? This is a great video- thank you.
If there's still a mortgage on the house, someone has to pay it. For legal help, you can always reach out to the HELPS Non-Profit Law Firm at 855-435-7787.
Since my signature would not be on the dotted line when entering into the contract whether it would be for a mortgage, loan or whatever, me as the child is not legally binding to me no matter where I live in the United States. whomever thinks so has no damn sense
As the video explains in many states what you say is not the law- children can be held responsible. However it is not enforced primarily because medicaid will pay the bill. .
@HELPSNonprofitLawFirm There was a case in Pennsylvania where an affluent son deliberately sabotaged a Medicaid application and moved his mother out of the country. The nursing home successfully sued him under old filial responsibility laws.
A credit card collector might tell you otherwise. So you work for a big corporation and they authorize you to use a corporate credit card. Does that make you responsible for the balance of the corporate credit card debt? If you are an authorized user did you sign an agreement with the credit card company to be responsible? Dont' believe you did. Eric HELPS Nonprofit Law Firm
@@ericolsen2141 Well I will tell you this. I had a corp card with Amex but no personal card with them. I had to file chapter 7 many years ago and include that card. I was not responsible for the debt but to this day Amex will not give me a card.
@@stevewyche5232 If you had a corporate card with Amex or any other credit card company where you owned the corporation then you signed a personal guarantee which guaranteed the corporate debt by you personally. That is why they came after you and you had to list that in your bankruptcy. No credit card issuer would issue a credit card for a small corporation without a personal guarantee ever. If you read what I said the example was a "big corporation" where you were an employee. Eric HELPS
