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Dying with debt

Senior citizens are the fastest growing segment of the U.S. population filing for bankruptcy, according to one study. And the debt troubles don't stop there.

By MSN Money Partner Jun 12, 2013 4:10PM

This post is by Steve Yoder, from partner site The Fiscal Times.


MSN Money PartnerIf you’re counting on an inheritance, you might think again. Recent data show that more older adults today are in debt than before.

Elderly Woman Looking Out a Window © Keith Brofsky, Photodisc, Getty ImagesA study earlier this year from the Employee Benefit Research Institute found that the percentage of households with credit card debt headed by someone age 75 or older doubled from 11% in 1998 to 22% in 2010. And a 2011 University of Michigan Law School study found that those 65 and older are the fastest-growing segment of the U.S. population filing for bankruptcy, and they carry 50% more credit card debt than younger debtors.


In addition to credit card debt, today’s older Americans carry loans that were rare in the past for their age group. Fourth-quarter 2012 data from the Federal Reserve Bank of New York show that 2.2 million adults age 60 and older have student loan debt -- with one in eight delinquent on payments. And since 1989, the proportion of those older than age 75 with mortgage debt has quadrupled. 


Many seniors are racking up debt because of high medical bills and dwindling retirement savings, thinking that it will be forgiven when they die. While most debt cannot be transferred to their children, creditors can go after a senior’s home, their savings, and sometimes their families, who might have unknowingly cosigned a loan or who pay simply because they’re unsure who is responsible.


The gift of debt?

Children also can get bitten by a parent’s back taxes. If a deceased parent gifted money to a child, and that gift occurred after the IRS informed the parent that they owed the government, the IRS can reach into the child’s bank account, says California estate planning attorney Mark Powell. Some parents will try to gift their children money or assets to avoid creditors, but if the child takes it knowing that the parent did so to circumvent those seeking repayment, courts can order it seized once the parent is gone, Powell says.


In New York, for example, transfers to a child or another person that are made as early as 6 years before a debtor defaults on money they owe (including because the debtor dies) can be subject to seizure to repay the debt, he says. In other states, the “look-back” period is four or five years.


Other mistakes are more basic: if a child co-signs a loan -- helping a parent refinance into a better mortgage rate, for example -- they’re liable for the entire amount if their parent dies, says Ted Beck, president and CEO of the National Endowment for Financial Education (NEFE).


Declining health is a major driver of older adults’ straitened finances. Out-of-pocket health care costs in the 5 years before death average almost $39,000 for individuals and more than $51,000 for couples in which one spouse dies, according to a study this year in the Journal of General Internal Medicine. For one in four of the participants, those costs outstripped the value of their total household assets.


New York City elder law and estate planning attorney Ann-Margaret Carrozza also says long-term care costs not covered by health insurance, such as for nursing home care, are the single-biggest financial problem for her clients 65 and older. A survey released June 3 by the NEFE found that among older adults with cognitive decline, 47% pay bills late or not at all, 36% have trouble calculating simple math problems, 35% have made irrational purchases, and 21% have depleted their savings accounts.

Read the fine print

Carrozza says she’s seeing a growing number of cases in her practice of nursing homes coming after children for outstanding debts owed by deceased parents. She says it happens because during the admission process, children unwittingly sign a third-party guarantee to pay their mother or father’s outstanding debts when they’re gone. Failing that, debt owed to a nursing home by someone who dies gets absorbed by the institution. And most homes are operating on slim margins, says Greg Crist of the American Health Care Association, which represents the nursing home industry.


Federal law prohibits creditors from discriminating against prospective borrowers based on age. A 70-year-old can take out a 30-year mortgage loan just like everyone else if she qualifies, says Nessa Feddis of the American Bankers Association -- banks also aren’t allowed to give extra scrutiny to a borrower’s qualifications based on age. But she says creditors themselves haven’t yet appeared to be affected by the growing ranks of indebted seniors.


Children can take preventive steps to avoid surprises at a parent’s death. When they sense a parent is in financial trouble, they should work with the parent to develop a plan for one of the children to help in overseeing their finances, says Beck. “Too many children don’t know their parents’ financial situation,” says Powell. “They don’t realize that every year when the parent writes them a check at Christmas time, that shouldn’t be happening.”


Powell recounts a recent case of an older client who was paying for her grandchildren’s college tuition by withdrawing equity from her house. Her children could have afforded to pay for their own children’s school costs and were shocked to discover that their mother had drawn down 40% of her equity to keep up the school payments.


Robert Stammers of the CFA Institute also advises children to consider hiring the same financial adviser or accountant as the parent --the professional then can serve as an objective outsider who also knows the complete picture. Kevin Gallegos of Freedom Financial Network says that for cases of serious debt, children should consider working with a credit counseling agency or a company that provides debt settlement services -- the latter can often get clients savings of up to 50% of the total debt, he says. (The Federal Trade Commission offers advice in selecting among these services.)


Those can both help children protect themselves and avoid what may be worse -- money-related family arguments that often arise when parents get into financial trouble. “The number of people I know who are feuding with siblings over how [money decisions] are being managed with mom and dad is just incredible,” says Beck. “This is the little family secret that everybody’s dealing with.”

More from the Fiscal Times:

Jun 12, 2013 8:36PM
Hey hey ! Its the new Medical Industrial Complex profit model - extract all the wealth from the last affluent generation.
Jun 12, 2013 6:54PM
Children looking at their parents' savings as an entitlement is what really irritates me.  The old folks worked their entire lives to hopefully ensure their sunset years.  It's fitting that their last dime be spent on their last day, they deserve no less.
Jun 13, 2013 1:01AM
I think we are looking at this the wrong way if I die what do I care if I have debt
Jun 13, 2013 9:25AM
....just watch - the money lenders, Banks, will find a way to transfer parents debt, onto the kids, to pay off!!
Jun 12, 2013 9:05PM
That's just the way this world has become.  Sad isn't it?  Our government should hang it's head in shame.  If they had their way....we'd live our entire lives worrying every minute about how crappy our government really is instead of just living our lives.  If I die with debt...sobeit.  It's not that I wanted's that this country wanted me to.
Jun 12, 2013 10:03PM
Wow!  I never thought about running up a bunch-o-bills and just dying my way out of paying them.

Jun 13, 2013 10:37AM
I am get all of those free loading shysters back.  They have been standing over me for decades waiting on me to die so they could run off with what I have worked for.  I am going to take out a big mortgage and all of the credit cards that I can get, sell all of my investments and clean out my bank accounts and blow it all on drinking, viagra, gambling, and loose women.  Thanks for the idea MSN.  We will see who has the last laugh now. HAHAHA---LOL---LMAO
Jun 13, 2013 9:22AM
...interesting how Dr's are much more interested in treating the elderly as lab rats (experimental drugs, experimental procedures) vs. a patient first, model of care, emphasizing a compassionate concern for quality of life. 
Jun 13, 2013 12:13PM

Has anyone considered in the last 7-10 years the crashes we all had to contend with and that the vast majority of seniors live on a limited fixed income. Compound that with higher inflation and cost of living and now much higher taxes (due in part to added government policies and programs) that the rising individual debt is in direct response to trying to survive?


Just sayin'

Jun 13, 2013 10:52AM

An unfortunate thing about this, among many, is that this has always been the case. Older people require more care, they have more wealth  having had 50-75 years to attain it. As long as everyone was "getting theirs" with some for the family, everyone was pleased to just ignore it and wait for the check at the end.


Now, however the belts are tightening, the care givers have "CAPITALIZED" on the "deadbeats" that had the nerve to die owing them money. So, I suggest those who want an inheritance, to care for their family members instead of shipping them off. It is amazing what we will forgive, forget, or simply ignore, until it affects us. Welcome to the new human condition. At 60, my hope is that I live just long enough to rack up debt, and let them chase me into the afterlife for payment arrangements. Sound familiar?    Care for you and yours now and...... then...Now and then in continuous, not now .........and eventually then!

Jun 13, 2013 11:24AM
This is the ultimate in procastination.  Not only can I never plan to save anything for retirement because of continuing to procastinate.  I can put off paying down any debt and die and let someone else deal with it and never have to pay them.  Yippeeee!  Life is a Beach.  Charge my Master Card.
Jun 12, 2013 4:57PM
You "bet" that senior citizens are all filing for bankruptcy... ever see them outnumber every other age group at the casinos?
Jun 13, 2013 11:40AM
Next up, the government has found a way to collect on the debts of the dead; introducing Soylent Green!
Jun 12, 2013 7:08PM
What's the big deal...just print some more money.
Jun 13, 2013 1:30PM
Live your life on cash but die with a lot of debt.
Jun 13, 2013 3:10PM
The medical community isn't getting any of our money or assets...set-up a trust fund, multiple parties linked to all properties and assets. I know the deal....go into the old folks home/ nursing home and get the same care as the person that's paying out of pocket. There's no difference...either be taken care of, or pay to be taken care of. I want to be taken care of...and see my family live on, live well with a family trust where all assets protected. No $100. aspirin...or $250. for a doctor to peek in and ask me how I'm doing....ridiculous.
Jun 13, 2013 1:46PM
This article makes a one good point, one I live in a state where if I die my debt are the banks problems and not a problem for my spouse, or my children. Well, I always did tell my children I was spending their inheritance......
Jun 13, 2013 3:56AM
well I wonder why because they all live in this fin crappy country run by crappy **** liberals and the powerful secret societies of the rich that don't care about the masses. Remember shut up and go somewhere and die just pay your fin taxes oh and don't forget to make phone calls on your Verizon phone so the government can spy on you. How dare you trying to obtain the American failing dream living in this failing suck **** country die and shut up.
Jun 12, 2013 6:48PM
there should be limits on age for borrowing, if the loan is backed by taxpayers. letting a 70 year old take out a 30 year mortgage - OK, if they can get a bank to lend the money, without the federal guarantee.
Jun 13, 2013 1:48PM
Old people need to turn their homes into nursing homes......The employees could care for the owners while they profit on the other residents.....Then the kids can inherit the business....repeat
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