There are a few strategies that may help your parents get out of debt: Work with them to create a detailed budget. Review their income, expenses, and outstanding debts to identify areas where spending can be reduced. Look for opportunities to cut discretionary spending and direct those funds towards paying down debt.
U.S. consumers carry $6,501 in credit card debt on average, according to Experian data, but if your balance is much higher—say, $20,000 or beyond—you may feel hopeless. Paying off a high credit card balance can be a daunting task, but it is possible.
Is $5,000 a lot of debt? The answer will depend on your credit limits. If you have $10,000 in available credit across two cards, then your utilization is 50%, which is a bit high and can hurt your credit score. But if you have $20,000 in credit across three cards, you're only using 25%, which is in a healthy range.
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.
If your debt is sold to such a business, collectors must abide by a federal law called The Fair Debt Collection Practices Act (FDCPA). Regulated by the Federal Trade Commission (FTC), this law limits the way third-party collectors do business. Many seniors—and consumers in general—are intimidated by collectors.
If you cannot afford to pay your minimum debt payments, your debt amount is unreasonable. The 28/36 rule states that no more than 28% of a household's gross income should be spent on housing and no more than 36% on housing plus other debt.
Once a balance is paid off, you take the funds you had previously allocated to your smallest debt and put them toward the next-smallest balance, essentially building, or “snowballing,” your repayment toward the next balance. This cycle repeats until all of your debt is repaid. Each balance payoff is a win.
Most debt isn't inherited by someone else — instead, it passes to the estate. During probate, the executor of the estate typically pays off debts using the estate's assets first, and then they distribute leftover funds according to the deceased's will. However, some states may require that survivors be paid first.
Your local 211 agency has the most up-to-date information about local assistance that may be available to you. If you prefer to talk to someone, you can always call 211 to get connected to a local specialist. Simply call 211 from a cell phone or landline to speak with a live, highly trained service professional.
Taking Over Elderly Parents' Finances Legally
There are a few options: for your parents to execute a durable power of attorney naming you as their agent, for your parents to create a revocable living trust, or for you to pursue a conservatorship over your parent.
Section 609 of the Fair Credit Reporting Act (FCRA) allows consumers to request their credit file information. It does not guarantee the removal of negative items but requires credit bureaus to verify the accuracy of disputed information.
The 7-year rule means that each negative remark remains on your report for 7 years (possibly more depending on the remark). However, after that period has ended, a remark will most probably fall off of your report.
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.
When a loved one passes away, you'll have a lot to take care of, including their finances. It's important to remember that credit card debt does not automatically go away when someone dies. It must be paid by the estate or the co-signers on the account.
Old (Time-Barred) Debts
In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.
There are some differences around how the various data elements on a credit report factor into the score calculations. Although credit scoring models vary, generally, credit scores from 660 to 724 are considered good; 725 to 759 are considered very good; and 760 and up are considered excellent.
Debt doesn't usually go away, but debt collectors do have a limited amount of time to sue you to collect on a debt. This time period is called the “statute of limitations,” and it usually starts when you miss a payment on a debt.