QUESTION
A person is trying to sue my parents since my older sister does not have any money. Does this person have a case?
Asked on Feb 22nd, 2021 on Contracts - California
More details to this question:
My older sister grew up with a friend from high school (lets call him Dan). She's had health issues so she could keep a stable job so she lived with my mom and dad for most of her life until April 2009, she left my parents house to go live with Dan at age 37 until Feb. 2020. (age 48) In February, she suffered a stroke and was rushed to the hospital. She is still recovering from the stroke and covid. But now Dan is trying to sue my parents (both have covid now) for taking care of their daughter. He sent an itemized list of what he's paid for in the past for her, (food, room and board, etc...) it totals up to about $189,000. in his head. He sent various letters, forcing my mom to settle out of court. We are at the point of getting a restraining order on him based off of his extortion tactics. From what we know, there was no contract from my parents of any kind. My sister left on her own volition. Dan didn't have a problem with her moving in. Does he have a case? What can we do?
1 ANSWER
Parents are not responsible for the obligations of their competent adult children, and if that was all there was to the story your parents could ignore Dan, get the suit dismissed if he actually filed a lawsuit, and go to the police if he continued to harass them. However if when you write that your mom "settled out of court", you mean that she entered into a settlement agreemet with Dan, that's a contract and she would be obligated under it unless she can prove that she was somehow coerced or under duress when she agreed. Sending letters wouldn't constitute coercion or duress.
Answered on Feb 23rd, 2021 at 2:45 PM