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I really need advice

Anonymous
Posted by Anonymous
  • 6 Replies

My dad died in an auto accident in 2010 after being comatose for a month (from the accident). His car insurance & the person at fault were all used up and there was a balance of almost 400k which used up his medical insurance provided by his job. They're suing my mom for the money back so they threaten to take away his pension and 401k which accumulates to about 400k. 

Here is my issue:

My mom is still paying off this house shes in, she has another house which is paid off (was my dads)..she wants to move to Texas and buy a house. She had brain surgery in 2007 and it left her being close to incapable of living a normal life, she is very forgetful, constantly tired and is always in pain, and more. Im her only daughter, she has 1 brother down in texas. She wants to move down there and be close to his family because houses are cheap and she wants out of NY. I said I think its stupid because shes about to lose most of the money she has, she can't work, has 2 houses she can't keep up with, how will she be able to afford and buy a 3rd house? I also know, her bro is a bum (my uncle)...he and his family are unfortunately poor but he wont get a job. He is going and meeting with realtors and pushing my mom to buy this one 3 bedoom house. I said mom, rent an apartment if you're happier down there its just yourself, you own 2 houses, you don't want to sell them and your income is not stable at the moment, its stupid to do ths. I also think your brother has plans to ask to move in.

Knowing these facts, what do you think? Do you think its wise for her to buy? 

Thanks!

Posted by Anonymous on Apr. 9, 2013 at 11:45 PM
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Replies (1-6):
Anonymous
by Anonymous 2 on Apr. 9, 2013 at 11:48 PM

Go with her if you can, and talk to a lawyer.  STAT.  I am not sure that they can make an unsecured debt (as in, the hospital bills your dad has) into a secured one.  It depends on the state.  Please seek legal advice before moving forward.

There are some pro bono lawyers on the East Coast, look that up,  love to you!

jacandjay
by on Apr. 9, 2013 at 11:50 PM
Yes this! She seems like she is already stuggling a little..


Quoting Anonymous:

Go with her if you can, and talk to a lawyer.  STAT.  I am not sure that they can make an unsecured debt (as in, the hospital bills your dad has) into a secured one.  It depends on the state.  Please seek legal advice before moving forward.

There are some pro bono lawyers on the East Coast, look that up,  love to you!


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Anonymous
by Anonymous 3 on Apr. 9, 2013 at 11:53 PM
I think it is ultimately your moms decision. Our opinions and your opinion dont really matter. Just support her decision and let her do whatever is going to make her happy.

Also, I agree with the PP, she needs to contact a lawyer. I dont think they can take the pension, and she should be suing the person at fault for the remainder of the medical bills.
JenniferP96
by Silver Member on Apr. 10, 2013 at 12:20 AM
Talk to the hospital. If it is a not for profit, they can give charity. With the situation, that would be the first place to go. With the pressure your family is putting on her & her diminished state, talk to her about making you Power of Attorney. Then she cannot enter into a contract without you signing off. Good Luck!
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Anonymous
by Anonymous 1 - Original Poster on Apr. 10, 2013 at 10:39 AM

Thanks and we did sue him but NYS law, according to our lawyer is, if he has auto insurance you can not sue them, you can just cover the medical bills, and ultimately it was done and exhausted leaving this amount left over.


Quoting Anonymous:

I think it is ultimately your moms decision. Our opinions and your opinion dont really matter. Just support her decision and let her do whatever is going to make her happy.

Also, I agree with the PP, she needs to contact a lawyer. I dont think they can take the pension, and she should be suing the person at fault for the remainder of the medical bills.



Anonymous
by Anonymous 1 - Original Poster on Apr. 10, 2013 at 10:41 AM

Thank you very much for this!


Quoting Anonymous:

Go with her if you can, and talk to a lawyer.  STAT.  I am not sure that they can make an unsecured debt (as in, the hospital bills your dad has) into a secured one.  It depends on the state.  Please seek legal advice before moving forward.

There are some pro bono lawyers on the East Coast, look that up,  love to you!



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