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Inheritors Debt

Could My Inheritees Debtors Place Lien On Home Or Force Sale For Paymeny?

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I am preparing a will for my 45 yr old son whom had suffered a severe trauma after being involved in an automobile accident. It affected him mentally as well as physically and as a result he has incurred an inordinate amount  of debt not just resulting from the initial hospitalization but hospitalization in three other medical facilities from attempting sucicide and having a breakdown. I provide ALL of his care and he lives with me in my home. It has been three years since the accident and he is currently seeing a doctor on a regular basis and has been placed on a regime of medication finally that agrees with him. Nine years ago he also "fathered" a child and was nothing more that a "sperm donor" because a girl that he was seeing wanted a childand as she felt that her "proveriable" timeclock was running out. S he threatened to throw him out if he did not comply as they had been habittating for about two weeks. He has been unable to work due to various reasons that I cannot go into here since the childs birth. We are not even sure the child is his because the same evening she had relations with another man just to be sure ONE of the pregancies would take. There have been no court rulings and to date she has not filed for child support because either myself and my husband or son were trying to help her as much as we could. Now widowed, and on a very limited income, I have managed to send her $300.00 a month regularly for approx. 2 years but I can no longer continue to afford to take care of my son AND the child. Evenprio to lately prior to that I would help her pay bills or wire her what she needed. FINALLY! My question is...can DCFS of Illinois or HERSELF take this house from him if I were to pass for back child support or could his debtors (who knew he was not insured at the time they provided medical care), place a lien on the home so that he would be forced to sell the home to settle these debts which would leave him completely penniless and without a roof over his head? No where to turn.Thank you for any time you may spend in answering this. 

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46 minutes ago, Inheritors Debt said:

I am preparing a will for my 45 yr old son

 

Unless you are a licensed attorney, it is illegal for you to do this.  Also, given his situation, it's not clear why your son would need a will.

 

 

48 minutes ago, Inheritors Debt said:

can DCFS of Illinois or HERSELF take this house from him if I were to pass for back child support

 

Why would the Illinois DCFS have anything to do with you or your son?  As for the child you mentioned, your post indicates that your son is not the legal father, so there's no issue there.  Could the mother seek to establish your son's paternity?  Sure, she could.  However, until and unless that happens your son has no obligations regarding the child, and you never had and never will have any such obligations.

 

 

53 minutes ago, Inheritors Debt said:

could his debtors (who knew he was not insured at the time they provided medical care), place a lien on the home so that he would be forced to sell the home to settle these debts

 

It's "creditors," not "debtors."  Your son is a debtor, and he owes money to his creditors.  Regardless, under Florida law, a person's primary residence is exempt from enforcement of an ordinary civil money judgment.

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I assume you mean you are preparing your own will with the intention of leaving you assets to your son.  If you leave anything to your son, the child support authority or the mother could certainly obtain a judgment against him for child support.  Likewise, any of his creditors could obtain judgments against him .  Although they could not force the sale of a house you might leave to him, the judgments could be collected if he were to sell the house within the time judgments can be enforced where ever the house is located.

 

BTW, no man is merely a "sperm donor" if he has sex with a woman and she becomes pregnant with his child as a result.  

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Please clarify--are you saying that you are preparing a will on your son's behalf that will appear as if he wrote the will himself and signed it himself?

 

In a separate issue, thank you for volunteering to support this lady, but you are under no further obligation to do so.  Explain to her that you can no longer afford to do so and let the chips fall where they may.

Hopefully she will not pursue a claim for child support but if she does, of course you will at some point ask that a paternity test be done.

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