Are you Responsible for Debts of a Spouse or Parent when they Die?
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- čas přidán 27. 06. 2024
- Compounding the tragedy of losing a loved one is having to sort out their finances. Who is responsible for their debts? If your spouse or parent had #debts when they passed, do those #debts pass to you? In this video, Attorney Eric Olsen, Executive Director of the HELPS Nonprofit Law Firm, explains the law surrounding the #debts of the dead.
Time Stamps
0:00 Introduction to Attorney Eric Olsen and the HELPS Nonprofit Law Firm
0:55 Normally, a spouse gets their late spouse’s property without probate when it’s jointly owned
2:48 A spouse is normally not responsible for a late spouse’s credit card debts
4:21 Credit card companies don’t sue the surviving spouse if their name isn’t on the card
4:57 The surviving spouse could take over car payments or let the car get repossessed if owner passes
6:12 Credit card companies could go after a credit card’s authorized user, but they are not responsible for the debt
7:21 In some states, spouse could be responsible for a late spouse’s medical debt, but senior’s income is often protected
9:20 If you marry someone with a lot of debt, you are not responsible for their debt
10:07 A child is almost never responsible for a parent’s debt
11:57 Nursing homes can’t have third-party co-signers, so kids are not responsible for those senior living bills unless they sign for it originally
14:43 How the HELPS Nonprofit Law Firm can help seniors struggling with debt
17:15 How to contact the HELPS Nonprofit Law Firm
Attorney Eric Olsen founded the HELPS Nonprofit Law Firm. HELPS stands for Help Eliminate Legal Problems for Seniors. The firm represents seniors, disabled, and veterans struggling with #debt. They educate these vulnerable segments of the population keep them from being harassed by #debt collectors, and much, much more. The firm, which doesn't turn clients away for lack of funds, helps these people to use their protected incomes for basic needs instead of paying off debts.
When it comes to dealing with debt collectors, knowledge is power.
Finally, you'll learn how to contact the HELPS Nonprofit Law Firm if you want their help. In this video, the former bankruptcy attorney explains whether you are responsible for credit card debt, medical debt, or other kinds of debt incurred by a spouse or parent. He also details how to contact his firm if you need help.
Jeff Hoyt is SeniorLiving.org’s Editor-in-Chief.
For why seniors don't have to worry about old debts, watch • Why Seniors Shouldn't ...
To learn how seniors can avoid paying taxes legally, watch • How Seniors can Avoid ...
To watch Attorney Eric Olsen explain why seniors don't have to worry about student loans, check out • How Seniors can Avoid ...
For how to deal with #debt collectors, watch • Why Seniors Shouldn’t ...
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To contact the HELPS Nonprofit Law Firm, call 1-855-435-7787 or visit helpsishere.org.
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Love this channel and all you do at HELPS!
@@trinarenfrow348 Why would the deceased spouse owe child support for a child that is not theirs. For a child under 18, social security steps in.
It should be considered racketeering charging someone for a dead persons debt.
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.
Excellent. And if you can get your attorney to send that letter on their letterhead, all the better.
Once someone dies their debts should be wiped.
You don't see any huge problems with this?
@@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.
Great idea.
So why would a credit card company ever loan the elderly anything?
Oh, right. You never thought that far ahead.
I’m so glad I found this channel. We are seniors and this really helps to soothe my mind
What a wonderful service for seniors! Thank you for making us aware of it!☺
Blessings to you for al
All of your God send information. May God be with your organization
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.
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.
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.
@@davidbrandel1311 no so Eric HELPS
@David Brandel Not in the United States.
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.
This is great! Thank you for letting us know!
You are so right about this service being needful! Thank you!
So so informative. Love this channel, came upon this by accident so happy I did. Continue with the good work.
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.
as long as your name is not on the account you dont have to pay they tell you that just to scare you.
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
Sneaky liars credit companies
They go after anyone they think might believe them!
Bless you HELPS! What a noble cause.
You are great at HELPS! Thanks!
Thank you so much for these great videos, I had no idea about so much of this stuff.....blessings to you both.
It is a wonderful channel for us seniors . Thanks for keeping us informed !!🤗
Great information!
This is so helpful for seniors thanks for this information 👍👍
That is a great organization you have there!! More people need to know about it!
Thank you for a very educational presentation on behalf of the seniors.
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.
That is not true. They have not been paid yet.
Great Info. Thanks!
What a blessing this sight is for a person that needs it
Thank you so much for watching!
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.
Your videos are so helpful. Thank you for passing on this information.
You're welcome!
This is a very informative channel, thanks
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...joined HELPS because if your channel months ago.
Thank u for your information ,I'm 82 an worrying about my spouse bills you open my eyes this morning, I learned a lot listening to you
We are glad to help!
Did Not Know of this.!! I'll Look into this!!
Thankyou, so much I needed to hear that, i might be calling you. Im 76 and i have many bills.
Love this one helps
Wow what great information
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!
Thank you♥️💫
Really helped me
As a senior, I’m glad I found this channel.
We're glad, too. Thanks for watching!
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
thanks. good to know
This video may not have fully addressed my personal concerns, but at least pointed me in the right direction.
Thank you.
This legal agency is wonderful for entire families. Thank you for all the information you provide!
I appreciate the information, it was very hrlpful
You are welcome. Check our channel often for updates.
THANK YOU! 💘✌✊
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
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.
Praise the Lord for your knowledge
A lot of good information on this site
Thank you. Please share the channel with your friends.
Thank you for sharing. Be safe and healthy 🐿
Thank you
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.
I’m a recent young widow and this is extremely helpful. Thank you.
You are very welcome. Please share the channel with your friends.
I called to get help. Then was told they couldn’t give me legal advise😳
🤗🤗🤗 definately yes.
Banks or FII will not leave with dues even your childrens ,spouse and even your whole family is responsible to pay for it.
Also, many indigent people were kicked out due to inability to pay. and there were no other faciliites in that town that weren't exactly the same.
Thank you very much for accepting my call today. I am still being sued for credit card debt and I will continue worrying but is nothing that I can do.
We're glad to help.
May God Bless yall 💐💐🌺
Thank you. Please share the channel with your friends.
could you cover time share service fees and deed backs
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?
Its the liability to be charge against settlement of estate of the deceased before can be adjudicated to d surviving spouse.
How AWESOME
Eric I'm 66 on ssi my stimulus.check should come in a week and.you.said.creditors cant touch it
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?
States have different laws on this. Eric HELPS
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!!!!
How about just will your debts to congress for all the money they stole calling it taxes,🤣🤣😂🤣😂or to the creditors themselves😂🤣😂🤣
Facts!!!
Is all this information available in print or disk or perhaps in email form?
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.
My husband has credit life on car and cc so that when he dies they are paid off
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
So sorry for your loss.
Well that’s happened to me so what to do ?
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.
Sorry forgot to mention that the medical center is saying that since I was seen at the same facility they have a policy that I have to pay I nevered signed any papers to have me be responsible for his bills I live in Texas
Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787
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!
I would contest
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!
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.
SeniorLiving has a video with HELPS explaining why filial laws are not enforced Eric HELPS
@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.
What about if I have my spouse is on my health insurance because of disability, do you still have to pay the medical bill?
Yes its a great channel love it,how can we get in contact personally with you we have questions to be answered you have been of great help,, your information has help me through some troubled time??
Thank you. Please share the channel with your friends.
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
Your stimulus hasn;'t been taken Senior Living has a video on how the stimulus is protected
you should just say, *EARLY ON,* that IF we don't fall into any of the specific demographic(s) categories mentioned: that rather than watching the whole of the video, it's suggested we search out a DIFFERENT upload on this channel. one that is actually relevant to our personal, *specific* situation - or the situation of someone who we are an advocate for. I mean thank you SO much for what you're doing, sharing your wisdom with us so generously. it's so kind of you and your friends who are other kinds of experts..but we, the viewer's, our time is valuable, too.😐
Not sure what demographic this would not apply. The general rule is that children are not responsible for a parents debt. Often the same for a surviving spouse. The video then discusses the exceptions. So really not sure what could be done. Eric HELPS
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.
A new spouse is not responsible for a spouse's prior debt, including IRS and child support. Period. Eric Olsen Executive Director HELPS
@@HELPSNonprofitLawFirm California, community property state. Half her money is his money.
@@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
Apparently the IRS doesn't know this!! They took the woman's money. She was not a senior.
@@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
I need your help with my credit, I am 61an on ssi they are worry me a lot the credit peoples i ready need your help ,
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.
You are correct but there are things that can be done.
Ok got the web address off the video ( thank you)
Creditors will bluff. Write them a certified letter asking them to stop contacting you and to provide the signature / transaction documentation.
Thanks for sharing
hey, i had to pay a spouses back child support from my taxes in a community property state. divorced him with in months of that
That's because you filed a joint return. Community property state had nothing to do with it. Eric HELPS
My dad passed away this July, due to stage 4 lung cancer.. And we didn't know that while he's on medical leave, his employer wasn't paying his insurance, so in June, his insurance expired and he got hospitalized and went to hospice with out insurance.. Now, bills are coming.. He doesn't have any credit debt or any other except for hospital debts.. We're not rich, my dad doesn't own any house, cars etc.. I'm in Massachusetts..
Contact the HELPS Nonprofit Law Firm, call 1-855-435-7787
First Hospice is provided at no charge. If your dad did not have an estate or assets after costs of burial etc then you don't need to worry about the medical bills. You can simply copy the death certificate return it to the creditors with a statement that your father passed away and there was no estate. I am sorry for you loss. Eric HELPS
@@HELPSNonprofitLawFirm😊
can't sleep
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
In other words. If its not your personal debt. Your not responsible. And if you're unsure. Then dont answer any calls you don't know.😂
I just heard another lawyer say that probate will still need to be done to take deceased spouse name off the title 🤦🏾♀️
I'm in a community property state and the county of San joaquin Revenue and Recovery put my name in place of my husband's name for his medical bills they say it's legal.
Also the law did not impune that our home automatically goes to me (title in my husband's name only), I'm in a fight with the county to be able to continue to live in our home. They're making it so difficult all they say is hire a lawyer.
Not sure what "title" you are talking about. A home that is owned jointly by husband and wife with survivorship rights automatically transfers to the surviving spouse period.
Medical bills from a deceased spouse are owed by the surviving spouse in almost all states whether a community property state or not under a doctrine often called the family purpose doctrine. And of course, if your income is Social Security or other retirement income it is protected and cannot be taken to pay that medical debt. If the home was titled in your husband's name alone yes you will need to consider probate and consult with an attorney. However, in some states where there is equity under a certain amount, there is what is called a small estate proceeding which can allow a person to deal with probate without the assistance of an attorney. Eric HELPS
How can this be? The "doctrine of necessaries," which is also called the "doctrine of necessities," gives parents liability for the necessary support of their children. It also, in many states, gives spouses liability for the necessary support of each other. If the doctrine of necessaries applies, creditors have the right to collect a debt from a parent or spouse. Let’s look at spousal liability first. After the table, we discuss the doctrine of necessities and the debts of minor children, why we have a doctrine of necessaries, and what creditors must prove to use the doctrine of necessaries to collect a debt.
You certainly don't think that a parent is liable for the debt of an adult child right? Eric HELPS
My spouse wrote me totally out of her will. Is there anything in Illinois State or Federal law that I am entitled to?
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.
Can they put leins on the family home....so when the house is sold...they will want payment then???
Senior Living has a video on judgments that covers this topic. Far too complex to answer in a reply like this. Eric HELPS
Community property states hold the spouse responsible for the debt.
Credit card debt will not go after a surviving spouse even in a community property state for a lot of different reasons. . In most states medical debt is the responsibility of a surviving spouse whether a community property state or not under the commonly called family purpose doctrine. Then in addition for a reason not to be concerned is that a senior's income, Social Security and pension are protected by federal law. Eric Olsen HELPS
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
I am the sole beneficiary of my dad’s will. The deed to the property still has his long deceased wife and his name on it. My mother and he married afterwards. She died before he did and I still live in the house but had planned on moving as there are many repairs needed. I have been told that her two daughters are entitled to a portion of the house in Tx (property). Is this true?
In most states remarriage revokes an existing will so his will may mean nothing. Then the property goes by intestate succession under Texas law. You can do a little research but this might exactly be the case. Eric HELPS
Yes 😢
After my husband died, it took one or two phone calls to get his debts erased. No debts were in my name.
Sorry for your loss, but that's good to know.
What about a parent is what I would like to know please thank you
The video explains why children are not responsible for a parent's debt. Eric HELPS
What if you are a widow and pass away who pass the person bills ?
Listen to the video again. It explains why a spouse doesn't need to pay a deceased spouse's debt Eric HELPS
No medical bills
But they’re trying to make me his bills and past due taxes as well