Legal Question in Credit and Debt Law in Kentucky

debt

Is there a certain age a person can be that creditors can not sue someone for not paying debt. My mother is 74 and can not afford to pay her debt. She was going to go into bankrupcy, she was told by a bankrupcy lawyer that she did not need to file bankrupcy because she was 74 and could not be sued. Is this true? The debtors are calling my house, we are not aswering the phone, but we are worring could we in anyway be liable for these bills. We are not co-signer on anything.


Asked on 4/04/08, 5:01 pm

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Re: debt

Any person over 18 may be sued for debt in Kentucky, unless they are incompetent and have a conservator appointed to handle their financial affairs. I that event, the conservator can be sued in place of the incompetent debtor, to represent the debtor's interests in court.

Unless the children are co-debtors with the parent, they are ordinarily not responsible for the parent's debt. That is, they are only responsible if the credit card or loan agreement is co-signed by parent and child.

Of course, if the parent dies, and then the child or children inherit anything of value from the parent (house, car, savings, etc.), either through the parent's last will and testament, or through intestate succession, if the parent dies without a will, then, in that event, the value of any inheritance would be reduced by the amount of any debts owed by the parent at the time of her death. If the debts exceed the value of the parent's total estate, however, the remaining child or children would not be legally responsible for any debt payment beyond the value of their inheritance.

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Answered on 4/04/08, 6:17 pm


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