Author Topic: Help MIL go bankrupt in style  (Read 7961 times)

nippycrisp

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Help MIL go bankrupt in style
« on: April 30, 2024, 11:57:08 PM »
An odd case study for the brain trust: MIL (age 74, lives many states away, health average to slightly below, lives with unmarried partner of similar age) is terrible with money. For the last 15 years she's been on a slow, steady slide towards zero. We can skip the blow-by-blow of how she got here, but she's squandered several windfalls by consistently overspending.

This is not the thread where we find a way to fix her. It ain't gonna happen. All I want to do is find the best way for MIL to navigate the next phase of her financial collapse.

Here are the grisly details:

Savings/earnings: gone. MIL and her partner live on fixed income payments of around $4100 a month.

Asset: The only asset MIL owns is a house she has with her partner (joint tenancy). Worth 405-485K per Zillow, but I'd go to the bottom of that range for sure. That's her only asset of note.

Debt/spending: Approximately $80K in unsecured debt. As bills outpaced her ability to pay, MIL (who does all things financial, including spending) has also gone into arrears on property tax by about $5K so far (this is additional). I assure you, this is entirely her fault and in no way related to misfortunes or forces beyond her control. They're bleeding out about a thousand a month, give or take.

6-7 months ago, as a last gasp at solvency, MIL enrolled in a debt consolidation program (a real one, not a scam). She fucked it up and lied about her expenses, and wound up agreeing to a debt repayment plan that was waaay too tight for her. She has remained current on those payments, but in the six months since she's burned up her last $5K of savings. At this point, she can't service her debt and live her chosen lifestyle (she's currently pawning jewelry to make ends meet). Knowing MIL, she will soon stop paying on her debts. Point of no return stuff.

She's going over the cliff, that's for sure. I have suggested many times that she sell her home, pay off her debts, and rent/buy something smaller. That's off the table. MIL steadfastly refuses to sell.

Normally, when someone's this far gone, it's a blood-from-a-stone situation, but the paid-off home is a wrinkle. MIL seems to think bankruptcy is a good option, but from what I've read (she believes they can't touch her home), this would likely result in her home (minus a small amount of equity) being sold to satisfy her debts. This isn't something I know much about though, so I thought I'd ask here: what's the best way to protect her last asset?

I see limited possibilities:
(1) Bankruptcy. See above.
(2) Tap into home equity via HELOC/reverse mortgage.
(3) Default on repayment program, don't declare bankruptcy, see what happens (what would happen?).
(4) Other?

Miscellaneous details: MIL has contacted debt consolidation company and asked for a sweeter deal (no go). In her true "borrow first" style, MIL has found a county property tax program that loans seniors the amount they owe at 6% interest, with the balance repaid when they die/house is sold. She believes that she can stabilize with this "help". I agree this may slow the bleeding, but will not fix it. To me, this indicates she's OK with loading up on home-secured debt, so long as she's not put on the street before they die. Their credit is shit.

With all these limitations, how do we give them the best chance with the pieces on the board?

Finances_With_Purpose

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Re: Help MIL go bankrupt in style
« Reply #1 on: May 01, 2024, 12:31:18 AM »
I can't give advice of any kind to your post.  All I can tell you is what I would be thinking:

First, you need to list her state to know about the home in bankruptcy.  And that's a question for a competent local bankruptcy lawyer more so than this forum.  (I'm sure there are plenty of broke MILs in every state, so still safely anonymous even with a state.) 

The state will also tell a lawyer whether and to what extent creditors can come after her.  The IRS can garnish her payments, perhaps, but I don't know how much other creditors can - that depends upon the state.  (You'll also want to say what her payments are from: SS, pension, or what?  Because it may vary.) 

I would be investigating bankruptcy.

HELOC/etc. is a fool's errand: she doesn't have the credit to support it now, I suspect, and why would she light the rest of her home equity on fire?!?  Those will accelerate foreclosure.  She misses those payments, and they don't wait: they boot you and sell the house.  Then she's limited to finding a place to live based upon cash on hand. 

She needs to pay the taxes, ASAP.  This all gets worse if she's foreclosed and has to take what's left.  She has time, but that debt is only going higher, plus with penalties and interest.  Get started paying now.  I would dump all the unsecured debt (CCs, etc.) and pay the taxes instead.  I don't know what fool would ever tell her to pay anything ahead of taxes.  The tax man has the most leverage. 

And no more pawning stuff: sell it or don't.  But don't give it away at a fraction of its sell price.  (It's not like she has more cash coming: that stuff is gone now.)  That's just flat stupid. 

Consult a bankruptcy attorney.  He/she will know what you need to know about the law in MIL's state. 

But honestly, be prepared for it to go sideways as she lives by impulse and does the same dumb things she has done before.  This is a train wreck that you probably can't stop, only witness.  She will do what desperate people do, and take whatever predatory fig leaf that some predator offers she can find until they're all used up (the reverse mortgage, e.g.)...and then crater. 

I would focus my efforts on keeping her in the house.  All the problems get worse if she doesn't have a place to live. 

former player

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Re: Help MIL go bankrupt in style
« Reply #2 on: May 01, 2024, 02:19:16 AM »
I'm betting the only reason there's no mortgage, HELOC, lien or other debt secured to the house is that the MIL's partner won't agree to it.

Honestly, all I'd do is let the partner know that the taxes on the house haven't been paid - he's probably been lied to about this, and needs to know that he may lose his share of the house.

If he has money he could pay the taxes. If he cared to he could take over the couple's finances.

Anything else is just sit back and eat the popcorn.

Paper Chaser

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Re: Help MIL go bankrupt in style
« Reply #3 on: May 01, 2024, 04:01:21 AM »
If only there were some way to exchange labor for money...

TreeLeaf

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Re: Help MIL go bankrupt in style
« Reply #4 on: May 01, 2024, 04:45:23 AM »
Not everyone needs or even wants to be saved.

Laura33

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Re: Help MIL go bankrupt in style
« Reply #5 on: May 01, 2024, 07:45:53 AM »
First, make sure she pays the taxes, ASAP.  Her property is her only asset.  She could lose all of that over something as small as a $5K tax bill.

Second, talk to a lawyer about bankruptcy.  Most states have a homestead exemption that allows people to stay in their homes.  But there are also often limits on that.  Bankruptcy is a very specialized process, and you very much need advice from someone who actually knows what they're doing in that arena.

Other than that, I'd stay out of it.  There's really nothing you can do, so don't waste brain cells trying to come up with something.

Sibley

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Re: Help MIL go bankrupt in style
« Reply #6 on: May 01, 2024, 07:47:55 AM »
May I recommend therapy? Or boxing classes? Not for her, for you. And your spouse, because this your MIL, not your mother. It'll help you deal with the stress. And there is stress.
« Last Edit: May 01, 2024, 03:36:07 PM by Sibley »

elaine amj

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Re: Help MIL go bankrupt in style
« Reply #7 on: May 01, 2024, 07:54:09 AM »
I agree - main thing is to keep MIL in the house for as long as possible. Pay those property taxes FIRST.


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GilesMM

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Re: Help MIL go bankrupt in style
« Reply #8 on: May 01, 2024, 07:55:35 AM »
Unless she is asking you for help, I would keep my nose out of it.

FINate

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Re: Help MIL go bankrupt in style
« Reply #9 on: May 01, 2024, 08:16:45 AM »
What Laura33 said.

She needs to talk to a bankruptcy attorney. That, and paying the taxes, should be the limit of your input on this. Advising her to sell the house to pay $80k in unsecured debt is terrible advice. Sorry to be bunt about it.

If there's a homestead exemption in her state, and they have $4100 in fixed income that can also be protected through bankruptcy, then this is likely the best possible outcome. They keep living in their house, the 80k debt is gone/reduced, and with credit completely wrecked she'll have difficulty getting back into debt.

ChickenStash

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Re: Help MIL go bankrupt in style
« Reply #10 on: May 01, 2024, 08:48:06 AM »
I'd recommend some caution picking a bankruptcy attorney or taking their advice. That is a very, very scummy arena. My parents went through a bad financial time a few years ago and while they were able to avoid bankruptcy they followed some impressively bad advice from the attorney they consulted that made their lives much harder when they finally got themselves out of trouble.

ChpBstrd

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Re: Help MIL go bankrupt in style
« Reply #11 on: May 01, 2024, 10:31:15 AM »
This is tricky because we're asked what MIL should do but the following things are apparently off the table:
-selling the house or downsizing
-spending less than the $4100/mo income
-I assume they can't find work at age 74

Well, the off-the-table things are exactly the things she should do and exactly the things which would dig her out of this hole. It is not clear if there are any other options than the ones we've ruled out.

That said, MIL is 74 and close enough to her life expectancy to potentially hold off legal challenges for the next 3-5 years. So maybe she has a "die with zero" or "die in debt" strategy designed to maximize her consumption of other people's money? Maybe let the executor sort out the debts from her home equity after she spends her remaining life consuming more than she earns and living in the house? With their $4100 fixed income, they're not going to go broke and be destitute, they'll just have to hold off creditors forever.

This is a way of thinking that is popular on the internet nowadays, perhaps more popular than FIRE. There are downsides though, including:

1) The stress and aggravation of constantly holding off creditors in one's 70s
2) The risk of longevity, and ending up being mistreated in some underfunded Medicare nursing home
3) The risk of dying or suffering badly when a medication or procedure cannot be afforded

So maybe dying with zero looks better in theory than in practice. Maybe talk to the MIL about these downsides and how they could be avoided if she wasn't running a $1k/mo deficit. What is she buying that is so enjoyable it's worth these 3 downsides as a tradeoff? There are people suffering all 3 at the same time, and it comes down to money.

She might not consciously have a "die in debt" mentality, but might be using it as an excuse to avoid thinking about money. If that's the case, putting the upsides and downsides on paper during a convo might clarify things.

Other than that conversation, my only suggestion is to find out where the MIL is consuming her media and advertisements. Does she watch hours of TV and commercials and then go shopping? Does she have a YouTube or Facebook habit? If so, disrupting these habits might help her avoid spending so much. Maybe offer to buy her TV off of her for a fair used price? Maybe talk her into installing an app that limits social media time? These simple media consumption steps might have a shockingly large effect if she's willing to compromise there.

nippycrisp

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Re: Help MIL go bankrupt in style
« Reply #12 on: May 01, 2024, 12:15:15 PM »
Thanks all for the wide variety of opinions. MIL is in Illinois. A few other details: her partner is largely oblivious to the situation. He is not very intelligent (I say this not as an insult, but he has a literally low IQ) and incapable of contributing in this arena.

I've tried everything with this woman. Her spending is entirely on stupid stuff related to her personal inefficiency. Shopping plays a relatively small role. She has a bunch of stuff, and used to rent eight(!) storage lockers (now down to two for financial reasons). At one point she was maintaining four homes, and using three of them as essentially closets. She refuses to give up her landline (and yes, she and her partner both have cell phones). She spends $300 a month on dubious nutraceuticals and has a $500+/month grocery bill, while going to food pantries 2x/mo. It's the dullest way in the world to go broke.

@ChpBstrd came quite close with his assessment. MIL summarily rejects preventative measures that are unpalatable, even if those measures prevent something worse from happening later. She will generally respond to developments only when it's a crisis. For example, in the four homes thing from above, she was planning on selling two of the properties, but took forever to move her stuff out (literally years). She waited until she had no cash and existing liens (taxes) on two of her properties until she asked me for help (in the form of a loan to float her). I offered to help under very specific situations (her daughter/my SO take over the project, loan secured with SO on one of the deeds). MIL rejected this and found some money elsewhere (I was aware of this, long story), but wound up selling under pressure and got way less than she could have otherwise. Suboptimal from start to finish. That is the person we're dealing with. In the present case, I believe she'll default on her debt repayment plan, which will then skyrocket her debt into something that will consume her.

I think her income streams are all social security/pension, which should be somewhat protected. My hope/goal is basically to allow her to eke out an existence, with as little involvement on my part as possible. I would think selling/HELOC would be preferable to having a court decide your home's fate. What I really don't know is, when her debt rivals her home value, how likely is it that creditors could force a sale? As some of you have indicated, dying in her home with a shitload of debt seems the best case.

I've tried to scare her. I pointed out that she'll have no way to replace her 22 y/o car when it dies. I've pointed out she's likely to become a burden on us. Rarely does anything reach her except having no other options.   

ChpBstrd

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Re: Help MIL go bankrupt in style
« Reply #13 on: May 01, 2024, 02:10:03 PM »
The AARP says Social Security payments are generally protected from creditor garnishment. Additionally, it sounds like they have no other income from jobs or investments that could be considered comingled. So in a sense, your MIL's income is bulletproof. They'll always have $50k/year to survive on, and this is exactly why Social Security was legislated the way it is.

So MIL could go bankrupt and still live her life on about $50k/year, adjusted for inflation even! So this means if I was you I'd push back hard if they tried to start becoming a burden. They'll only starve or go without meds if they choose to prioritize buying stupid stuff or making decisions like paying for a landline. Nonetheless, expensive medical procedures will likely surprise them and result in the accrual of even more debt.

Whether they get to keep the house may be another matter. My initial read is that it is beneficial to file for bankruptcy sooner rather than later in order to claim the homestead exemption. But this exemption is only $15k in IL. Assuming the MIL is not even the least bit proactive, creditors will eventually file a lien on her house and force its sale. This will rack up lots of legal and trustee expenses, and might leave them with zero equity. Assuming she also squats in the seized home for a year before eviction, I think she could get 3-5 more years of living in the house. By then she might be 77-79 years old.

If she can still live independently, and if the boyfriend is still around/alive, they'd still have enough Social Security income to pay rent on a basic apartment and cover expenses. The primary risk is her losing his S.S. income when he either quits her or dies.

Eventually this ends in a Medicare-provided nursing home in all possible scenarios. You might be called upon to make those arrangements when the eviction finally comes.

Of course, a better option might be a reverse mortgage, or downsizing now rather than later. The mortgage would cover the deficit or the downsizing would free up equity to pay down debts and earn interest income. But of course those options are not possible with this person. They will lose most of their home equity to legal expenses and at some point all that stuff they prioritized buying will end up on the curb.


Laura33

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Re: Help MIL go bankrupt in style
« Reply #14 on: May 01, 2024, 03:00:11 PM »
MIL summarily rejects preventative measures that are unpalatable, even if those measures prevent something worse from happening later. She will generally respond to developments only when it's a crisis. For example, in the four homes thing from above, she was planning on selling two of the properties, but took forever to move her stuff out (literally years). She waited until she had no cash and existing liens (taxes) on two of her properties until she asked me for help (in the form of a loan to float her). I offered to help under very specific situations (her daughter/my SO take over the project, loan secured with SO on one of the deeds). MIL rejected this and found some money elsewhere (I was aware of this, long story), but wound up selling under pressure and got way less than she could have otherwise. Suboptimal from start to finish. That is the person we're dealing with.

. . . .

I would think selling/HELOC would be preferable to having a court decide your home's fate. What I really don't know is, when her debt rivals her home value, how likely is it that creditors could force a sale? As some of you have indicated, dying in her home with a shitload of debt seems the best case.

I've tried to scare her. . . .  I've pointed out she's likely to become a burden on us. Rarely does anything reach her except having no other options.

1.  She's not scarable because she knows she has other options.  Look at her history to date:  every time she has run short, she has found some way to cover her immediate needs.  Experience has taught her that all your lecturing is just fearmongering.  The fact that other people can clearly see that it's actually true this time -- that she really doesn't have much more rope here -- has zero effect when compared against 70+ years of experience telling her she'll find a way.   

2.  Her choices are sub-optimal from the perspective of a financially savvy, responsible human being.  That's not her.  From her perspective, she found a way to manage the debt, without having to resort to your restrictions.  That's a win in her eyes!  She cannot and will not learn from her past mistakes because to her, they are not mistakes, but are instead examples of how everything worked out ok despite your lectures. 

3.  It's "preferable" to sell and downsize to an apartment only if you assume that her goal is to learn to be a responsible human, pay off her debts, and then live within her means.  Again:  that's not her.  For someone like her, it's in her best interest to hang onto the house as long as possible.  An apartment will have the sheriff at your door to kick you out within a month of not paying your rent.  Creditors have to go through a much longer, more complicated process to seize your home -- and if your MIL appropriately invokes bankruptcy protection, there's a real question about how much the court would even give them in light of your MIL's age and lack of assets.  Your worst-case scenario is that the home is forcibly sold and she's left with nothing in maybe 5 years.  I can guarantee that if she sells the house now, she will have frittered away all of the profits from the sale on stupid stuff within that same period of time. 

3.a.  The absolutely worst thing you can do is give a shopaholic a giant pot of cash with no strings attached -- which is exactly what she'd get from selling the house.  Even if she pays off the current creditors -- which is not guaranteed -- her history demonstrates that the new pot of money will go just as fast as all the others did.

3.b.  The only possibility that someone like her learns to live on less is if she really truly does not have extra money to spend -- if she has no money in the bank, nothing valuable left to pawn, and no more available credit.  The only way that happens before she's literally down to zero is if she keeps the house for as long as she can.  Not that she'll actually learn to change, of course.  But having her only remaining money locked up in an illiquid asset at least prevents her from frittering away her last cent for a few more years.

4.  She is also not scarable because she is not remotely concerned about being a burden on you.  Again, you are approaching it from the perspective of a rational, independent adult.  That's not her.  She clearly believes that she's entitled to have what she wants, when she wants it, and that it's your job to bail her out if her own income/assets won't cover it.  You should therefore assume that she will come to you again, sometime within the next few years, and that she truly will be desperate then -- no matter what you convince her to do right now.

4.a.  Therefore, your priority right now is not helping MIL, because nothing you can say or do will move her in any way; any assistance you provide to ease her stress just becomes another example of how things always work out for her.  Your focus must be on developing a plan with your spouse for when MIL really does run out of options.  How much support are you willing to provide?  In what manner?  The last thing you want is your MIL to play on your spouse's guilt and the resulting arguments to destroy your own relationship.  Start talking and planning now, so that you and your spouse are a 100% united front whenever your MIL finally hits the end of that proverbial rope. 


mistymoney

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Re: Help MIL go bankrupt in style
« Reply #15 on: May 02, 2024, 06:49:27 AM »
she should be able to save the home with a bankrupcy. Hopefully chapter 7 so all debt is cleared.

Bankrupcy, pay the RE taxes, and then learn to live on 4k/month in a paid off home. That should be doable!

What amount of the 4k is MIL vs her partner? Because if partner passes away then things will be tough if income is halved.

elaine amj

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Re: Help MIL go bankrupt in style
« Reply #16 on: May 02, 2024, 08:19:07 AM »
If they were married, she’d at least get his SS Survivor’s benefit.


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Sandi_k

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Re: Help MIL go bankrupt in style
« Reply #17 on: May 02, 2024, 08:46:05 AM »
If they were married, she’d at least get his SS Survivor’s benefit.


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That assumes that he made more than she did in his career; with an individual as described, I'd assume her SS is higher.

Catbert

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Re: Help MIL go bankrupt in style
« Reply #18 on: May 02, 2024, 11:25:15 AM »
Whatever you do, don't co-sign anything or give her money.  At this point I wouldn't even give her any advice.  At best she'll half-ass it and then blame you when it doesn't work.  Mostly likely she'll ignore you advice.

Laura33

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Re: Help MIL go bankrupt in style
« Reply #19 on: May 02, 2024, 12:43:18 PM »
If they were married, she’d at least get his SS Survivor’s benefit.


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That assumes that he made more than she did in his career; with an individual as described, I'd assume her SS is higher.

We don't know the history -- she might be able to claim FIL's SS benefit if they were married at least 10 years.

FireLane

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Re: Help MIL go bankrupt in style
« Reply #20 on: May 02, 2024, 01:50:06 PM »
I agree with the other commenters that there's nothing you can or should do to help your MIL. She's had a lifetime of doing what she pleases, and there's no reason to expect that to change now.

She's not going to change her behavior until she hits rock bottom. Any assistance that you give will, at best, only delay her arrival at that point. It's not clear to me that she even wants your advice, so why waste the time and energy trying to help someone who doesn't want to be helped?

What you should be doing, in my opinion, is discussing contingency plans with your spouse. If your MIL comes crying to you for money, or loses her home over back taxes, or breaks up with her partner and loses the pension, what are you willing to do and what are you not willing to do?

If you agree on this in advance, it'll be easier to hold firm on your boundaries when it inevitably happens.

Sandi_k

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Re: Help MIL go bankrupt in style
« Reply #21 on: May 02, 2024, 04:20:23 PM »
If they were married, she’d at least get his SS Survivor’s benefit.


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That assumes that he made more than she did in his career; with an individual as described, I'd assume her SS is higher.

We don't know the history -- she might be able to claim FIL's SS benefit if they were married at least 10 years.

If you follow @nippycrisp 's journal, you'll know that the reason she didn't get officially married to the current partner is that her *previous* spouse's SocSec is higher than either.

nippycrisp

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Re: Help MIL go bankrupt in style
« Reply #22 on: May 02, 2024, 04:31:09 PM »
My SO and I have a very firm line of defense when it comes to asks from MIL (to be fair, she's only come with her hand out once or twice). I'm fairly analytical, and instantly grasped the futility of material aid. SO was a bit softer, understandable, given it's her mother. Over the years, I've cultivated each interaction with MIL to demonstrate both how avoidable the new crisis was and also highlight MIL's complete lack of personal responsibility. In our last interaction, I asked MIL (in front of SO) if she thought she was making any financial mistakes, to which MIL instantly replied, "No."

I'm confident we'll be able to avoid getting financially sucked in.

That all said, trying to slow down the trainwreck is free and somewhat painless. Any frustration incurred in the attempt I regard as a gift of sorts, one that is rarely appreciated by the recipient.   

MIL may yet surprise us. She's had a combination of incredible luck and skill in remaining solvent. As someone pointed out upthread, she does likely believe she'll get away with it, based on precedent.

MIL losing her partner would be a death blow to keeping her home. I'd bet on partner living longer, but it's precarious for many reasons. MIL has worked very little in her life, and her entitlement income comes from her former husband. This is also the real reason she never married current, lower-earning partner. She's crafty when it counts, but has also really painted herself into the corner. As someone who has their financial shit mostly together, I'm sort of morbidly curious what happens next.

elaine amj

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Re: Help MIL go bankrupt in style
« Reply #23 on: May 02, 2024, 05:18:05 PM »
Ahhh makes sense why she has not married current partner then.

Waiting for the day the US changes SS laws to allow remarriage for anyone collecting survivor’s benefits.

Here in Canada, our CPP Survivor’s Benefits do not get affected by remarriage. However if I remarry before 60, my SS Survivor’s Benefits will go poof. (DH had both CPP and SS so as his widow, I am entitled to benefits from both).

Looks like you guys have a good boundaries with MIL and can just support her without draining yourself.

I still think it’s best to keep her in her current house for as long as possible. There’s a lot of protection for someone to stay in their home. Less so for a tenant. So push her to pay those taxes first before anything else!


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Wow, a phone plan for fifteen bucks!