Legal Question in Civil Litigation in New Jersey

My 40 year old son is learning disabled and does not earn enough to pay all his monthly bills for himself, his wife and his daughter. At times, my husband and I have sent money to cover specific bills. Can we be held resposible at any time, by anyone, to pay any other bills without our consent? We live in New Jersey, my son and his family live in Florida.


Asked on 4/27/10, 1:24 pm

3 Answers from Attorneys

Locksley Wade Law Office of Locksley O. Wade

You will not be held liable for providing a gift to an adult child.

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Answered on 5/03/10, 3:49 am
Robert Davies The Davies Law Firm, P.A.

No. You are making a gift to your adult child.

However: do not sign anything at all having to do with him. Nothing. No account applications, no documents for doctors or hospitals. Nothing.

You have another thing to think about: if you give him money or leave him money IN YOUR WILL, then whoever he owes money to (or the Government) may TAKE the money from him.

A smart lawyer can help you plan this so that this does not happen. I can help you.

I would be happy to see if I can assist you. Please give me a call to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 5/03/10, 9:09 am
Amy Klauber Klauber & Klauber, LLP

As indicated above, you cannot be held responsible to continue paying bills if these were gifts to your child. However, I do believe that you should speak with an attorney. Although it does not appear to be so based on the information submitted, I do have some questions I would need clarified to ensure that you are not legally responsible. Has your son ever been declared incompetent? Are you still his legal guardians as a result of his disabilities? Have you ever signed or cosigned any documents with your son for loans or to obtain credit?

I also agree with the attorney above that you need to set up some protections in your will to ensure that creditors do not take any inheritance to which he may be entitled.

To discuss this matter further, please contact me at 732-663-1500.

I look forward to speaking with you.

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Answered on 5/03/10, 5:00 pm


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