Legal Question in Elder Law in Florida

moms income and debt

I secured and rented an apartment for my 86 yr old mom who gets $1200.00 / mo. from dads naval pention. She signed lease and I signed as a garenteeor since mom can't leave the house on her own, I take her check to pay her bills. I also signed in the lease that I would secure a rental insurance policy which included liability to protect apartment. I neglected to get the insurance, my mom flooded the apartment because she forgot she turned water on. The flooding and repairs made the apartment unlivable until repaired so I brought her to my home. My husband now deposits her pention check in his bank account because I can no longer have an account because I bounced too many checks on my account and my moms account. Husband refuses to relinquish funds to reemburse for damages. Landlord says If I don't start making payments for damages she will have to take me to court. I have several judgements for non-payment of debts. Is my husband also responsible for my signature as guarenteeor on lease? Can he also be sued because he refuses to use her income to pay her debt? can her pention check be garnished for payments if she is now living with us?


Asked on 3/13/09, 12:20 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: moms income and debt

Unless he signed he can't be sued. He is not responsible for your negligence. Pension checks cannot be garnished, however, once they are in someone's account they can be. Your mom's account can be garnished as well.

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Answered on 3/13/09, 12:40 pm


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