Children of Divorce

[JMBailey000]

I have a legal question. I have been estranged from my Biological father since I was 12 years old. About 6 months ago he called up and said that he was dying and would like to cultivate a relationship. This man is, unfortunately, a dead-beat. He still has a pending child support claim against him, somewhere in the neighborhood of $15,000 to $20,000. My sister and I are 24 and 27 respectively. I am wondering if there is any way to protect ourselves from having to absorb his debts upon his death. I believe that he has incurred a moderate amount of credit card debit. He currently does not own any real property or have any life insurance policies. As I understand it, he was married to another woman for a number of years, however she died a few years ago due to cancer. I am not aware of any other children that he may have had. I assume that it is a possibility that he does have other children. I am also aware that he currently receives SSI/P due to being partially blind.

I guess my question is in three parts.

1) Will my sister and I be responsible for his debts, including burial costs, upon his death?

If so, can I take out a life insurance policy on him so that when he does die,apparently death is not imminent, we would have the policy to help defer the costs of burial?

and Finally, If my sister and I would not incur his debts would having contact with him at this point change that?

I'm not trying to be insensitive to his situation, but I want to make sure that we are as financially protected as possible since we are both relatively young and just beginning our own lives with our own families.

 

[Carpet_Dude]

NO, you are NOT responsible for his debts. You are responsible ONLY for what YOU sign for.

If he has no money to pay for his own funeral, he will be buried in a paupers grave, or cremated and disposed of by the coroner.

YES, you can take out an insurance policy, but you will need his signature.

NOTE: If you are the beneficiary, your are STILL not responsible for his debts.
If the beneficiary is his estate, and he has no Will, then the funeral and debts will be paid with the policy by a court appointed administrator.

If any creditor contacts you about his debts, tell them to sit and spin on your extended middle finger.

You have nothing to lose by re-establishing a relationship with your father. Just keep your wits about you. It sounds as if you owe him nothing. So, IF you feel like it, see if there are some unanswered questions lingering out there in your past. If so, maybe he can shed some light on them. Beware of him asking for money, or assistance that seams out of place.

GOOD LUCK !!

 

[katlowe]

WOW!!!!!! I honestly thought I was going through dejavu here! My biological father died in December of last year and his oldest daughter my half sister tried to come after me for funeral costs and I told her to stick it where the good lord split her. I did eventually sign as did my other sisters a form I personally typed up and had notorized at the bank that she had our permission to cremate him or bury him a** up and use him as a bike rack for all we cared and that we refused any financial responsiblities for past, present or future debts and we had no interest nor did we lay any claims in any real or imagined properties or memorabilia and any future attempts at contact in this matter or any matters concerning him would be ignored by us all. I never heard from her again and felt no remorse whatsoever about it. My mother raised all 5 kids without a penny of child support and with his death so went his debts. Just give the bill collectors his new address when his worthless self finally kicks the bucket. Believe it or not they actually will mail the bills to the cemetary. Sorry it was cheap entertainment for me at the time. Anyway DON'T SIGN ANYTHING OR ACCEPT CALLS REGARDING HIS DEBTS. As far as the relationship....if you can manage to at the very least get to say what you have wanted to say for so many years then by all means do so and if from those ashes you can find a way to work out a relationship you are a much bigger person than I ever was! Oh and if he asks for money hand him a child support order which you can obtain from the child support agency and ask them to list the amount he is in arrears. That's what I did and it felt GREAT! Best of luck!