Family Debt: Will You Owe Money When Your Parent Dies?
Family ties can be incredibly complex; 27% of Americans are openly estranged with a member of their family. When that individual is your own parent, you feel alone, despite being amongst 25 million other Americans who are also estranged from their parents.
Filial responsibility can throw a wrench in a seamless, no-contact estrangement when a bill shows up at your door for your parents. Do you really have a legal responsibility to pay every debt left behind when you haven’t had contact with someone for years?
Maybe. Some states do have laws regarding filial responsibility, including Arkansas. What does that mean for estranged adult children when their parents pass away?
What Is Filial Responsibility?
Legally, filial responsibility allows for other parties to claim an outstanding debt upon an individual’s death and pursue their next of kin for compensation. For example, if an elderly individual passes within a nursing home, some states will allow debt collectors to call upon their adult children for payment.
As social security continues to dwindle, we may see more legal filial responsibility cases as businesses attempt to collect unpaid dues. For many years, the accumulation of social security and Medicare benefits took care of individuals aged 65 and older, but those federal funds are predicted to be depleted in the next decade.
Do Arkansans Have Filial Responsibility To Their Parents?
Yes, but to an extent. While many states will pursue adult children for unpaid medical bills, Arkansas will only accept lawsuits for mental health services.
There are three main components that allow debtors to sue adult children for unpaid bills of their parents in Arkansas:
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The individual in need cannot afford the necessary treatment
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Their insurance policy or other financial aid programs will not cover their bills
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There is a financially capable next of kin who can afford to pay for treatment
So yes, Arkansas residents have a filial responsibility for their parents’ mental health treatment in the event they cannot afford services. However, this is strictly for mental health only; any nursing home bills or other outstanding debts cannot be collected from adult children according to Arkansas law.
What Happens If You Live In A Different State Than Your Parents?
This can become legally sticky if you find yourself served with a lawsuit from a different state. When your parents live in one of the 27 states that still have filial responsibility laws, it doesn’t matter that you are estranged…it’s possible that you could be served with a lawsuit for unpaid debts in your parents’ residential state.
Luckily, these situations are incredibly rare, but if it happens to you, a legal professional can help navigate the lawsuit. In many situations, these cases can be contested in court, meaning that you may not be held legally responsible after all. It’s always worth consulting with an attorney to explore your options.
Hickey & Hull Law Offices: Things Are About To Get Better
Estranged or not, losing a parent comes with a wave of complex emotions. During your time of grief, receiving a court summons for your parents’ outstanding debts feels devastating. But considering social security is dwindling fast, it’s highly possible more debt collectors pursue adult children for their parents’ bills in court.
If you're facing a filial responsibility lawsuit in Arkansas, contact Hickey & Hull Law Offices today to find out your options. Things are about to get better when you’ve got Hickey & Hull on the case. Schedule a consultation with our online agent to get started!