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Are Parents Liable for Actions of Adult Children?

My son is 32 years old and has been fired from his job due to alcohol abuse. He has been thrown out of his girlfriend’s house and is currently staying with us. Our address is his legal address. We have taken his car keys and are trying to do all we can to get him help. If he does something stupid, like drive someone’s car, or gets into a fight or anything that could result in legal action, are my husband and I at all liable under Massachusetts law? (Posted by Bucabrandy on the Chat Room.)
 
Attorney John Libertine posted the following response: While parents are liable for the actions of their minor children, no such liability follows an adult child who has moved back home (barring unusual circumstances, such as the parents being appointed legal guardian of a mentally ill child, etc.) Liability could attach where you were contributing to his dangerous propensities (providing him alcohol, use of your car.) It is important to note that if he were sued, any assets in his name could be in jeopardy, thus you should not name him jointly on any of your bank accounts or on deeds to real estate as long as his problem persists. When you are planning for the disposition of your estate you may wish to consider putting assets for your son in a trust - this would allow a trustee to disburse the assets for your son's benefit but not allow him access to a large principle amount which could be spent on his bad habit to his detriment.


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