Legal Question in Credit and Debt Law in Texas
liability for adult son living with elderly mother
My brother is deeply in debt, even to IRS. His wife has filed for divorce, and for 1.5 years he's been living with Mom and hasn't been working. Can Mom be held liable for any of his debt? Does this change depending on if she pays for his food, etc?
Also, if he tries to go to health clinics with sliding scales, does he have to divulge her income (small but above poverty level, at least for 1 person) since he's in her household?
She didn't claim him as a dependent on last year's tax. Does that impact any of these matters?
1 Answer from Attorneys
Re: liability for adult son living with elderly mother
He's over 18, so Mom isn't liable for any of his debts, unless she personally guarantees payment.
Her income is hers, not his. He doesn't have any legal claim to it, so it shouldn't affect his position with a health clinic.
He's not a dependent by any legal definition.