Legal Question in Credit and Debt Law in New York

Surviving spouse responsibility

My wife died. There is no estate, no will, no probate. Am I responsible for the hospital & doctor bills. Many come in her name only. I have limited income.

Thank you


Asked on 11/25/06, 7:33 pm

1 Answer from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

Re: Surviving spouse responsibility

My sincere condolances. Under the law you are NOT responsible for the debts of your spouse. If there were any bank accounts held jointly, the funds are yours by operation of law automatically and nothing else needs to be done. If there is property titled in your wife's name you may be required to file a proceeding in the surrogates court to obtain the necessary authority to transfer ownership (real property, cars, etc,) to your name. Anything that is personal property that is not titled (like furniture, jewelry, etc.) is simply yours. I am assuming there are no other possible heirs (like children). If there are, the Laws of the State of NY are that you share in the estate with your children. Google "State of NY intestacy" and see what comes up.

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Answered on 11/27/06, 10:01 am


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