Generally, parents are not liable for the actions of their adult children. However, there are exceptions depending on the circumstances and state laws.
The statute goes on to state that the custodial parent or guardian is jointly liable, along with the minor, for any damages resulting from the minor's willful misconduct, for an amount not to exceed $25,000 for each wrongful act (Note: This amount is adjusted every two years based on the cost of living and other ...
The short answer to the question is no, you will not be personally responsible for the debt, but failure to pay such a debt can affect the use and control of secured assets like real estate and vehicles.
Today, all States but New Hampshire and New York have provisions holding parents civilly responsible for youth crime, with an average maximum recovery amount of $4,100.
The Duration of Parents' Legal Obligations: The Basics
In most states, parental obligations typically end when a child reaches the age of majority, 18 years old. But, check the laws of your state, as the age of majority can be different from one state to the next.
The 30 states that have filial responsibility laws are as follows: Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Idaho, Indiana, Kentucky, Louisiana, Massachusetts, Mississippi, Montana, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South ...
Many Baby Boomers plan to pass down inheritances to their loved ones, but some aren't so lucky. It may come as a relief to find out that, in general, you are not personally liable for your parents' debt. If they pass away with debt, it is repaid out of their estate.
California Family Code Section 4400-4405 establishes that adult children have a legal duty to support their parents if the parents cannot support themselves financially. This includes providing for basic needs like food, shelter, clothing, and medical care.
Medical debt and hospital bills don't simply go away after death. In most states, they take priority in the probate process, meaning they usually are paid first, by selling off assets if need be.
It may not be conventional, but yes, you can sue your parent, child, or other family member if their negligence injures you! Several years ago, I represented a sweet, young 7-year-old girl who was severely injured when her mom ran a red light, and their car was hit broad-side.
Parental civil liability is a form of vicarious liability. Parents supervise and otherwise provide control or direction to their minor children. Parents can be held responsible for their children's harmful actions much the same way that employers may be responsible for the harmful actions of their employees.
It is a misdemeanor in California for a parent to fail to fulfill his or her "duty to exercise reasonable care, supervision, protection, and control over their minor child." (Cal. Penal Code § 272.)
Generally, family members are not responsible for debts incurred by other family members. So, for example, you would not be responsible for the debts incurred by your parents or adult children.
Who is Responsible for an Auto Accident Caused by an Elderly Driver? In California, when an accident occurs while the at-fault driver is using the vehicle with the owner's authorization, the owner is responsible for any damages that result. So if your parents are using your car, you may be responsible.
California Penal Code 272 (a)(2) states that any parent or legal guardian who fails to reasonably supervise or control their minor child shall be guilty of a misdemeanor.
For these seniors, in home care services, such as help from a personal care aide or home health aide, may be the right choice. Other seniors may prefer assisted living facilities or nursing homes. If your parents want to remain in their home, evaluate local licensed home care agencies.
The Family Code makes it clear both parents have an equal responsibility to support a child “of whatever age who is incapacitated from earning a living and without sufficient means.” The California Legislature has not limited the application of the state child support guidelines to minor children.
In most cases, a conservator of a person with dementia will assume both of these responsibilities. Most often, it is a family member who takes on the responsibility of being a loved one's conservator. However, there are also agencies that can be hired to take on the role.
Bottom Line. You are not responsible for your parent's debt. Any debt that they held is managed through the estate, and then disposed of. However, if you choose to take out a joint loan with your parents while they're alive or to assume a burdened asset from their estate, you can voluntarily take on their debt.
The states that have such laws on the books are Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Montana, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, ...
Each state has its own variation of the filial responsibility law. For example, California Family Code section 4400 reads, “Except as otherwise provided by law, an adult child shall, to the extent of the adult child's ability, support a parent who is in need and unable to self-maintain by work.”
Most filial laws require you to support your parents' basic living needs. These can include food, medical bills (mental and physical), housing, and additional care they receive, such as stays at nursing homes.
Should the children fail to provide adequately, they allow nursing homes and government agencies to bring legal action to recover the cost of caring for the parents. Adult children can even go to jail in some states if they fail to provide filial support.
Specifically, California Family Code section 4400 (“FC 4400”) states that, “Except as otherwise provided by law, an adult child shall, to the extent of the adult child's ability, support a parent who is in need and unable to self-maintain by work.”