Legal Question in Wills and Trusts in Washington

Who's responsible for my dedts at my death?

I have been wiped out financially by auto accident. Medical bills, not able to work much it's hard getting by monthly. Divorced 10 years ago, I have two kids, 21 & 23. It would kill me to think that if I got sick, needed assisted living etc. that they at the start of their lives might have to look after me. They don't have money either. My question...If I died before I incurred great bills would they have to clear up a credit card bill 4K on my credit report...as well as my funeral etc. All I have is maybe $ 2000. of sellable stuff.

With no insurance if I have stroke...hospital gets involved and bills soar...are they on the hook? If officials think I committed sucicide does that change anything toward their responsibility. Just trying to sort out how to live out a life net worth once estimated over a

million to an in debt net worth potentially a huge burden to my kids.


Asked on 10/18/05, 9:24 pm

2 Answers from Attorneys

Bruce Busch Bruce R. Busch, Attorney at Law

Re: Who's responsible for my dedts at my death?

I obviously agree with everything stated by Ms. Powell. I would only add that you should make sure you don't hold any joint accounts with your children (bank, credit card, etc.) to ensure that they are free from creditor concerns.

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Answered on 10/19/05, 2:14 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: Who's responsible for my dedts at my death?

I want you to make me a promise. You are deeply depressed (in case you hadn't noticed). This isn't a medical advice board, but as one human to another please get on the phone and call somebody to cheer you up. If there is no one call the crisis line.

In the meantime, if the auto accident was not your fault, please consider contacting a personal injury attorney who can help you recover some $ - whether from your insurance carrier or the carrier of the person responsible. This is called a 'chose in action'. It is possible somebody owes you money. It will cost you nothing to find out. Pick somebody out of the phone book or call the Tacoma Pierce County Bar Association Lawyer Referral line and ask for a referral. I don't do car accident cases, but lots of people do.

To answer your other question: Children are not responsible for the debts of their parents. Your estate is responsible. If your estate is not extensive, the answer to the creditors is , "Oh, well." They cannot come after your kids for your bills. I promise.

Your arrangement with Visa is not your children's problem.

However, please pay attention. Don't think that opting out is going to be kinder to your kids because it is not. Don't go there. If you are that depressed get help, ok?

Sometimes it seems as though everything is futile but it is not. What you are thinking about doing is pretty selfish and WILL hurt your kids. Don't go there.

The counsel you need *might* have a tinge of legal advice, but what you really need is some help with the depression. I really wish you the best. It'll be OK if you hang in there.

Powell

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Answered on 10/19/05, 12:05 am


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