Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

My 94 year old mother has gotten into a very bad financial

Customer Question
situation.....if she declares bankruptcy will...
My 94 year old mother has gotten into a very bad financial situation.....if she declares bankruptcy will she lose her home.....she lives in Florida. House is worth approx 700,000 and she owest 600,000 on the home plus probably 200,000 worth of credit card debt.....we are heartbroken and do not know how to help her.....
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
9/11/2015
Lawyer: Richard, Attorney replied 2 years ago
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55,799
Experience: Attorney with 29 years of experience.
Verified

Hi! My name is ***** ***** I look forward to helping you.

Can you provide me a bit more information? But for the other debt, could she afford to make her house payment? Does she own any other assets? Thanks.

Ask Your Own Legal Question
Customer reply replied 2 years ago
She has approx $7200 a month from social security and my deceased father's retirment (military).....she tried rescuing my 65 year old brother and has lost the commerical building she owned, the manufacturing business they owed, and all her cash....she is not behind on mortage but is delinquent on this years real estate taxes and four or five credit cards she borrowed money from (total maybe 200,000) to rescue him.....we just found out how bad this is....the home was free and clear but again she has put loans against it to help him.....he, his wife, and 8 year old daughter have move in with her recently and have from what we can tell literally wrecked her home.....she is very adamant that we not intervene as she is concerned for our "safety".....she has been a leader in her business for over 45 years and this whole thing was done without us having any idea.....is that enough information
Customer reply replied 2 years ago
No other assets...she just told us she has sold all her jewelry which was extensive, silver. etc.....almost everything that she could sell.....we are not sure if you are still online with this, please let me know
Lawyer: Richard, Attorney replied 2 years ago

Thanks for following up. This is truly heartbreaking. I will certainly keep you all in my prayers! She does have some protections. Her pension and SS income is exempt and can't be touched. Florida also has an unlimited homestead exemption...meaning it could not be touched by other creditors. But, for those who have been given a lien on the property to secure their loans, if they weren't paid, then they could foreclose on the house. So, she can simply stop paying all the other creditors. They're not likely to pursue a suit that is not collectible. If they did, she could always declare bankruptcy to discharge the judgments.

Ask Your Own Legal Question
Lawyer: Richard, Attorney replied 2 years ago

So, the issue is the house. To keep it, she will need to pay the loans secured by the house and catch up on the taxes. Many counties allows senior citizens to accrue the taxes rather than pay them currently, so you should check to see if that's available to help there.

Ask Your Own Legal Question
Lawyer: Richard, Attorney replied 2 years ago

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you the house was beyond reach no matter what, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Ask Your Own Legal Question
Ask Richard Your Own Question
Richard
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55,799
55,799 Satisfied Customers
Experience: Attorney with 29 years of experience.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a court date for a claim for exemption and wage
i have a court date for a claim for exemption and wage granshiment but im not employed so what do i do … read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
I loaned money to a friend. I first loaned him $3000 and he
I loaned money to a friend. I first loaned him $3000 and he paid me $100. He then asked for an additional loan of 2100 so the total loan was $5000. He has breached his agreement to pay me a minimum of… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,428 satisfied customers
I have a question about a NC Motion to claim exempt
I have a question about a NC Motion to claim exempt property … read more
socrateaser
socrateaser
1,031 satisfied customers
Are newspaper carriers exempt for the enforcement of the
Are newspaper carriers exempt for the enforcement of the Arizona seatbelt law while they are engaged in the duties of delivering the newspapers? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,897 satisfied customers
I have to default on my loans i have 5 position loans.
i have to default on my loans i have 5 position loans … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I am a retired clergy who was exempt from SS while employed
I am a retired clergy who was exempt from SS while employed by the church. I am now retired and receive SS, and I have two minor children. I am now working part-time in a job that pays SS. I receive t… read more
John
John
Attorney
Doctoral Degree
5,767 satisfied customers
Law Educator, Esq.(ONLY) This is on Homestead exemption, Is
Law Educator, Esq.(ONLY)Good day, This is on Homestead exemption, Is Homestead exemption a jurisdictional issue? I was reading that only jurisdictional issue should be raised in a motion to dismiss. S… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Loan repayment. Texas. NO it was a personal loan made there
NO it was a personal loan made there is evidence but nothing was signed … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I'm an non-exempt employee. Every 10 years I need to
I'm an non-exempt employee. Every 10 years I need to recredital my security clearance. My employer allowing some coworkers time to compete at work. I was told by my manager I have to complete my on my… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
On a motion to claim exempt property, do i include bank
on a motion to claim exempt property, do i include bank accounts? … read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,838 satisfied customers
I am an exempt employee that has approved FMLA. I only work
Hi, I am an exempt employee that has approved FMLA. I only work 4 days a week at 32-35 hours. My employer just notified me that I am going to be hourly since I am not working 40 hours a week. I live i… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I have a notice of right to have exemptions designated and i
i have a notice of right to have exemptions designated and i need advice on how to process. This debt was for a credit card i acquired back in 2013. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
I received a letter saying "notice of debtor of exemptions"
I received a letter saying "notice of debtor of exemptions" I do not know what this means. I have been making all payments on my defaulted loan. … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,218 satisfied customers
I need state and county exemption codes to record my deeds,
I need state and county exemption codes to record my deeds … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
This position is an exempt, full time position. Your
This position is an exempt, full time position. Your compensation will be $75,000 annually for the first twenty-four months. Benefits for this position are detailed below.Benefits: • Employee Medical/… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
Are floating docks exempt from permitting in a condo marina
second opinion] Are floating docks exempt from permitting in a condo marina in the state of florida?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Water damage. Georgia. My tenant wants to be exempted for
My tenant wants to be exempted for the rent of days that she didn't stay in the property when the property was under water mitigation and repairement. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
Is it completely confidential and exempt from reporting to
Is it completely confidential and exempt from reporting to the IRS or legal authorities? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x