In California, creditors can attach or sue the estate for unpaid debts. If there is real estate or other assets involved he should have a trust set up. A living trust would include the trust itself, a will, and durable power of attorney. The living trust may offer some protections, at very least it will avoid taxes and probate.

He also needs to grant power of attorney over his bank accounts should he be too ill to manage them. That is done at the branch locally where his account is.

I would get a consult from a bankrupty attorney as soon as possible.

My wife and I are in the same situation. It never ceases to amaze me how heartless these bastards are. They could care less that I could have died last year and spent a whole year almost totally disabled. Capitol 1 has assessed me over $500.00 in late fees on an account that had a $500.00 limit! SHREAD those credit card offers! Bank of America is charging me $32.00 overdraft fees!

By the way, if you are new here and haven't been Dx'd yet - BUY the mortgage and credit card insurance NOW!

Hi, My daughter got into some credit card debt and went to a debt management company. You can do this over the phone. You make one payment to them and they take care of the credit card companys. The companys can only then charge you a small amount of intrest, the debt management fought to get rid of penalties already charged, It brought the debt down right at the start. You have to be careful you select a good company though. One card company kept calling her after she had done this and she called her debt management service and they got after them immediately! No more calls. You are not allowed to use your credit cards or apply for new ones until your debt is paid off. I imagine you would have to rebuilt your credit after that.

I want to thank you all for your fantastic and insightful responses.It is very much appreciated.


Patty