Elder Law Answers
Do I Lose My Husband's Income If He Enters a Nursing Home and Goes on Medicaid?
If my husband goes into a nursing home and enrolls in Medicaid, will I lose all of his Social Security check?
Read moreWhat Happens to My Credit Card Debt If I Enter a Nursing Home on Medicaid?
- February 14th, 2014
Q
If I were approved for Medicaid coverage of my nursing home care, I know they would keep my Social Security and my small pension, but what would happen to the $6,500 balance on my credit card? I have no other assets. Could the credit card company make my children pay?
A
If you have no assets, you are what is often called “judgment proof.” In theory, the credit card company could sue you, but they would collect nothing on their claim. They also cannot come after your children unless they co-signed the credit card or accepted liability in some other fashion. Generally, if you contact the credit card company and explain the situation they’ll back off.
For more on childrens' responsibility for a parent's debt, click here.
Local Elder Law Attorneys in Ashburn, VA
Meet Evan Farr
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Evan Farr
Farr Law Firm
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...
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Meet Judith Mitnick
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Judith Mitnick
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
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Meet Margaret O'Reilly
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Margaret O'Reilly
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
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