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He has early stage Alzheimer's. We are trying to get him Medicaid eligible so he can stay at home and get services. He has nothing in his name but social security and a very small pension. He has been paying on these credit cards and has racked up unbelievable interest on these cards. He is making minimum payments. Am I responsible for his debt? They are not in my name. I don't want Medicaid to be denied because he lied to me about these debts. Thanks

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So, you'll have the lawyer draft a letter that you'll send to the credit card companies. You'll ignore the letters they send your husband, and you'll check caller id when answering the phone.
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Speech, did your husband prepare his own taxes or did he have an accountant? If the latter, contact him and ask if there's any way these debts could be charged off as uncollectible business debts. I don't know enough about business accounting to know if such uncollectible debts could be used, together with the medical expenses for his illness, to claim that he's judgment proof; therefore, the debt collectors wouldn't be able to collect against no assets. But it's worth a try.
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In most states you will not be responsible for your husband's debts that he incurred only for himself. If he went into debt buying things for the house, you would share in responsibility. But if he went into debt on trips or buying himself a boat or hunting lodge, then no, you are not responsible in most states. There are a few community property states where you will be responsible for any debts that incurred during your marriage. You will want to check to see if you live in a community property state.

When your husband passes, creditors will have first dibs on any money he has left. This includes money that is in joint accounts if I understand correctly. It would be wise to keep your money separate from his. Debt will not count against him if he has to apply for Medicaid, though you may not want to do anything to cancel the debt during this time. Some places will issue a 1099 when they cancel debt, so there can be large tax consequences.

Hope you can see your way through this. What did your husband charge? That will be a huge consideration. If it was groceries, utilities, etc., the debt may be considered household. If it was something just for him it would be his debt.
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This is not formal tax advice BUT these factors will come into play:
1. If sole proprietorship was declared as being owned jointly by you and husband or by him alone. This can be found on the tax returned filed with IRS on Schedule C or C-EZ. This paper has a block that will indicate whether he said it was jointly owned.
2. If you filed a joint tax return with federal and/or state taxing authorities, you could be held liable for some of the business debt if you are considered one of the owners of the business.
3. If a personal credit card that was also used for business purposes is the source of debt and it's a jointly held credit card, you may be liable for some of the debt.
You need to get the accountant who prepared the tax return and your elder attorney talking to each other. If your husband prepared return himself, you need to get a good accountant and/or tax attorney to work with your elder attorney. Once they sort out what the division of the business would be, your team should be able to determine if Medicaid application will be affected. In the least you will need help later telling the IRS that any debt written off is phantom income and that you don't owe taxes on it.
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Be very careful choosing a credit counselor. Some are for-profit, and will only increase your debt without helping your situation at all. Look for a state or federal department of consumer protection to get advice on finding a good one!
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I am thinking the debt may work in his favor, but I don;t know this. Good luck
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Speed, did the elder law attorney advise you to become familiar with the Fair Debt Collections Practices Act? If not, it would be advisable.

ftcenforcementrulesrulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

Just read one section at a time. There are some specific practices that have to be followed, and doing so will help you. It's also helpful to know what debt collectors can and can't do.

I assume your name isn't joint with your husband's on the credit card, i.e., you don't share privileges and liability jointly?
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ferris, I understand that in typical situations, yes, but in this case, I really don't think the interest accumulating is even the issue, and I still believe in situations like this they're going to want his wife to then be responsible, which is the very thing she's trying to avoid; she's not wanting to take care of these bills and I don't really blame her, since she didn't know anything about them; she's got her hands full just trying to take care of him now, but she does need to find out about this pension
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Hi again. Sorry. Couldn't find this thread - finally back to ans questions. I appreciate everyone's responses. My husband's pension is $192 a month. Very small. Something that was turned over to him when his mother died years ago.
Our Elder Atty has advised not paying even the minimum amts on the credit cards. He said to send him any letters that may come from the credit card companies. Very grateful he will handle this for us even w his fee. My husband's Alzheimer's may have started long before I realized it esp when it comes to financial errors w his business. I knew his business wasn't doing well the last couple of years but he kept telling me he was managing. I offered to help pay any bills as he was getting ready to retire. He did let me pay some but kept the rest hidden from me bc he was afraid to tell me. He figured he could pay those cards off gradually w his SS. Except the interest rates were unreal and it increased on all 3 cards very fast. He diverted the bills to a friend w me not knowing. The friend would either rip them up or give to him when they saw each other. My husband would do a phone call to the credit card company to pay on them monthly. Even his checking acct statements stopped coming in the mail to our house. I kept asking him why. He had changed the address on those too!!! So as much as his dementia has affected our lives, he knew enough to lie to me about all these debts. I finally went to bank w my POA paperwork and the bank filed it so I now have access to see his checking acct. he had numerous overdraft fees and insufficient funds!!! I hit the roof which of course had emotional affects at home. They almost cancelled his checking acct. I added a little money so he would have a balance. Now his direct dep of his SS and small pension will still be there and he has a positive balance.
Thanks so much to all of you for letting me vent. We are both seeing a psychologist.... Me for stress. he has seen one for years : depression, anxiety and OCD.
So grateful for his caregivers forum. Thanks again to all
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Had friends who got in debt early in their marriage. They were able to get a consolidated loan. The loan paid all the creditors and then they only had one payment at a lot less interest. I wish they taught kids in school how Credit Cards worked. I found out a lot when I was late by one day.
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