Legal Question in Wills and Trusts in New York

MY MOTHER HAS BEEN JUST ENTERED IN A NURSING HOME DUE TO DEMENTIA. I AM HER P.O.A. AND MY BROTHER LIVES AT HER HOME WHICH IS ALSO IN A LIFE ESTATE. HE WILL BE PAYING ALL BILLS RELATED TO HER HOME, (ie. TAXES, HOME INSURANCE, ETC), BUT NEITHER OF US HAVE ENOUGH MONEY TO PAY HER CREDIT CARD BILLS. SHE CHARGED ALL & I MEAN ALL HER LIVING EXPENSES AND HAS BEEN PAYING MIN. PAYMENTS ON ALL 12 OR SO CARDS EACH MONTH. WITH HER NOW IN A NURSING HOME & MEDICAID PENDING WE HAVE TO GIVE THE NURSING HOME ALL HER INCOME EACH MONTH EXCEPT FOR $50 FOR HER PERSONAL NEEDS. WHAT DO WE TELL THE CREDIT CARD COMPAINES & WHAT CAN THEY DO AS SHE HAS NO INCOME AVAILABLE FOR PAYMENTS. THANK YOU SO MUCH. JAMES


Asked on 3/19/11, 6:56 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Eventually they will seek to obtain a judgment against her. The judgment holder has the right to go against her estate proceeds.

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Answered on 3/23/11, 8:39 am


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