Legal Question in Credit and Debt Law in Kentucky

liable

My mother is not paying her dept. I do not think any of us (her children) are on any of the credit cards. Will we be liable for the debt?


Asked on 4/04/08, 4:44 pm

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Re: liable

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, 6:11 pm


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