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America’s Dead Souls

theparisreview.org

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Re: America’s Dead Souls

#41

Post by gumby »

Judgmentality wrote: post #21
s1artibartfast wrote: post #10

I think it is important to raise awareness about Filial Responsibility Laws which hold children accountable for the debts of parents. More than half of US state have laws on the books which enable debt holders to go after assets outside of the deceased's estate. It is becoming increasingly common for nursing homes to bring suits against adult children of their residents. https://en.wikipedia.org/wiki/Filial_responsib…

I don't understand how this is legal, let alone upheld by a state Supreme Court. How can I be legally responsible for my parents? How would the courts even find me if I don't live in the US anymore (the example case is the courts successfully suing a man who moved to Greece)? I am thankful to you for bringing this to my attention, but my WTF! meter is soaring.

> How can I be legally responsible for my parents?

Well your parents are legally responsible for you for a period of time. There are many countries (I am most familiar with Germany in this regard) where the children are considered responsible for the parents. I was not aware this was the case in the USA.

In some countries it's quite difficult / impossible to disown or disinherit various relatives.

Re: America’s Dead Souls

#42

Post by ChrisMarshallNY »

ptudan wrote: post #23
syntheticnature wrote: post #13

Earlier quoted context omitted.

Except when they are! https://www.paelderlaw.com/asset-protection-medicaid/supreme...

That is so ridiculous. You can be born into this world without your decision or input. Your parents made that choice. Your parents can also choose to kick you out right at 18, after fulfilling their legal obligation. Then, down the line, you can be held responsible for potentially even more than 18 years of more expensive care? Absolutely unfair.

I read a book that had a quote:

    "'Fair' is the first half of 'Fairy Tale,' and you won't find either in the real world."

Re: America’s Dead Souls

#43

Post by Aperocky »

gabereiser wrote: post #38
UncleOxidant wrote: post #19

Earlier quoted context omitted.

This is pretty damn scary. Are debtor's prisons about to make a comeback too?

We already have them. Inmates in most US jails and prisons are charged a per diem just for being there. It’s disgraceful.

So.. what if they don't pay?

Re: America’s Dead Souls

#44

Post by reader_x »

This is breathtakingly well-written and also terrifying.

Unfortunately this is but one version: it’s also not uncommon for children and grandchildren to milk their elders dry financially, particularly when the elders are a bit addled. If those elders leave unpaid bills to a nursing home, why shouldn’t those children be held responsible? It’s rough out there.

Re: America’s Dead Souls

#45

Post by wearywanderer »

reader_x wrote: post #44

This is breathtakingly well-written and also terrifying. Unfortunately this is but one version: it’s also not uncommon for children and grandchildren to milk their elders dry financially, particularly when the elders are a bit addled. If those elders leave unpaid bills to a nursing home, why shouldn’t those children be held responsible? It’s rough out there.

Making nursing homes out to be the victims here is a real laugh. If anybody is milking anybody dry, it's nursing homes sucking up every last dollar the elderly have. Hundreds of thousands of dollars regularly spent to prolong suffering a few months more.

This reminds me, I need to get a living will written up to prevent this bullshit from happening to me.

Re: America’s Dead Souls

#46

Post by notac »

Aperocky wrote: post #43
gabereiser wrote: post #38

Earlier quoted context omitted.

We already have them. Inmates in most US jails and prisons are charged a per diem just for being there. It’s disgraceful.

So.. what if they don't pay?

often you're billed after release, can take it from any pay you make when you're out, etc. It's pretty evil.

Re: America’s Dead Souls

#47

Post by giantg2 »

divbzero wrote: post #40
giantg2 wrote: post #24

Earlier quoted context omitted.

Fillial responsibility laws exist in about half of the US. I believe only some types of debts can be passed on (like nursing home costs), but it varies by state.

I was curious and found this Wikipedia article [1] providing the list of states with filial responsibility laws. [1]: https://en.wikipedia.org/wiki/Filial_responsibility_laws

One thing to point out is that those states are where the impoverished person must reside. The relative can reside anywhere and the state (depends on the one) can sue you or issue a warrant even if you live in another state.

Re: America’s Dead Souls

#48

Post by gabereiser »

Aperocky wrote: post #43
gabereiser wrote: post #38

Earlier quoted context omitted.

We already have them. Inmates in most US jails and prisons are charged a per diem just for being there. It’s disgraceful.

So.. what if they don't pay?

You find yourself with a judgement and garnishment should you ever be employed.

Re: America’s Dead Souls

#49

Post by notsureaboutpg »

Judgmentality wrote: post #21
s1artibartfast wrote: post #10

I think it is important to raise awareness about Filial Responsibility Laws which hold children accountable for the debts of parents. More than half of US state have laws on the books which enable debt holders to go after assets outside of the deceased's estate. It is becoming increasingly common for nursing homes to bring suits against adult children of their residents. https://en.wikipedia.org/wiki/Filial_responsib…

I don't understand how this is legal, let alone upheld by a state Supreme Court. How can I be legally responsible for my parents? How would the courts even find me if I don't live in the US anymore (the example case is the courts successfully suing a man who moved to Greece)? I am thankful to you for bringing this to my attention, but my WTF! meter is soaring.

Realistically, when parents get old, it is their children who become responsible for them. I feel like this is quite common sense... especially seeing as children inherit from their parents...

Re: America’s Dead Souls

#50

Post by notsureaboutpg »

s1artibartfast wrote: post #26
Judgmentality wrote: post #21

Earlier quoted context omitted.

I don't understand how this is legal, let alone upheld by a state Supreme Court. How can I be legally responsible for my parents? How would the courts even find me if I don't live in the US anymore (the example case is the courts successfully suing a man who moved to Greece)? I am thankful to you for bringing this to my attention, but my WTF! meter is soaring.

In the example you mention, it was the parent that went to Greece. It was a child living in the US that was forced to pay. It is actually worse than that. Many states also have criminal penalties allowing incarceration for financial neglect of parents.

Financial neglect of one's parents is bad though...
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