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Is bankruptcy an option?

Bronx, NY |

My parents bought burial plots about six months ago with their credit cards because they wanted to pay the balance in installments . Recently , my father had a stroke and his prognosis is guarded . I am concerned my mom will get stuck with a bill that she can not pay . The card was in my father's name . Heaven forbid , if anything happens to my dad , will my mother be responsible for the credit cards and medical bills or does the debt die with the owner of the debt ? Their home is the only assets and it is in a trust . Worst case scenario , should she consider bankruptcy ? Her only income would be from social security and my dad's pension . The latter is barely enough to pay all the household expenses

Attorney Answers 3


  1. I think the medical bills could be more of a problem than the credit card debt. You should probably speak with an elder care attorney now.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com


  2. I do not see a bankruptcy case as a necessary at this time. Based on what you have said, the debts will pass with your father and your mother will be ok.


  3. Your parents would likely benefit from an elder care or estate planning lawyer, before their situation gets worse, if they have not done so.