Filial Laws Pose a Thorny Problem for Children of Aging Parents

Does your state have filial laws on the books?  Twenty-nine states do have filial law.  What is it?  It is a law that say that spouse or children of parents  or even grandparents may be required to pay for their care.  In this environment of states scrambling to pay increasing care costs due to people living longer, they may be looking to families to carry more of the financial burden.  Here are some of the states that do have filial law on the books:  Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Indiana, Iowa, Kentucky, Maryland, Massachusetts, Mississippi, Montana, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia and Puerto Rico.

 

Some states that do not have laws on the books will not honor states who try to collect from someone in their state.  Some of the laws indicate that it is limited to support and burial; other name spouses, children and grandparents so it is important that you look into the laws in your particular state to see how they are interpreted. Most states are not enforcing them but that may change.

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