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FIL is in the hospital, and it's just a matter of time before he passes

Posted: Mar 25, 2010

He's not on any life support and is resting comfortably. To make a long story short, apparently he ran through all their retirement money and now she has no savings. On top of that, he ran up about $60,000 in credit card bills that she knew nothing about, because the bills were sent to our house.

He's been living a pretty secretive live for years, telling her he was working out of town when in fact he was right here in town, but living elsewhere. We don't know where he was living. We believe he did this because he couldn't stand to live with her during the week.....she can be very annoying. I think he felt it was better to live apart from her during the week than to get a divorce.

With the help of a lawyer, does she stand a chance at getting out of these credit card bills? She quite honestly knew nothing about them. We don't have any idea what he spent $60,000 on. It appears from the credit card statements that he simply took large cash advances instead of actually charging items. She'll be existing totally on social security, which will be about $1,600 a month. Since she's 78 years old and has never worked a day in her life, her chances of being able to pay off $60,000 in credit card debt is just about nonexistent.

Their house is paid off, and they had a survivorship clause on their will, which I believe means their house won't have to go through probate. She will not move, unless she's absolutely forced to. Other than the credit card debt, she'll have no other bills other than cable, phone, groceries, etc.

What sort of laywer does my MIL need?

I'm leaving shortly to go back to the hospital, but I'll check back later. Thanks!

;

FIL - anon

[ In Reply To ..]
First let me say I'm sorry to hear about your inlaws' unfortunate situations. In my state, Georgia, when you are married, you are responsible for each others debt. It does not matter what one spouse does, the credit is linked together. As far as an attorney, I am not sure that would make any difference. However, I might consult the attorney they used (if he had a will) and ask that person for guidance concerning the debt. Hopefully your FIL has some life insurance that may assist in paying the creditors.

Had they a joint bank account? - debt

[ In Reply To ..]
If there is no money in the bank, I do not think that your MIL can be made responsible for his debts, especially since he spent the money without her knowledge, behind her back.

I would say she is not responsible, but I might be wrong.

I do not think that they can seize her house to pay her husband's debt.

FIL - Sorry to hear about your FIL

[ In Reply To ..]
I would check with an attorney as each state is different. I know of a friend in TN that her husband was about $100k in debt between his business and used personal CC to supplement the business to get it going when he passed. Some of the CC had her name on them and others didn't. The ones that didn't have her name, she was not responsible for, BUT they could put a lien on her home for when she sold the home as the home was in both of their names and considered an asset. Being that your MIL is at that age and will not be able to pay it off, I would look into bankruptcy for her if they are to come after her.

I also know in MI, my neighbor's husband passed away and left some debt, not tons, but enough that she cannot manage it. She has a minimum wage job and is trying to better herself by going to school at age 52, but the creditors are not leaving her alone. They call her and ask if she is holding garage sales to sell his stuff and telling her to borrow money from people to pay them. She was a stay at home mom until just prior to his death. Just so sad what our world has come to, to pray on the poor.

I'm very sorry to hear about your FIL though. Many prayers.

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