Legal Question in Credit and Debt Law in New York

Re: Credit card debt after death of parents

Strictly from a legal standpoint...when an individual dies he/she leaves an estate. The estate has assets (property, bank accounts, cars, jewels, etc) and it has obligations (debts). In many instances the assets may have been distributed to the issue (children) of the parents so that upon the parents death there is really nothing left in their estate. If that is the case, while there IS a legal obligation to pay debts there are no assets remaining as a fund for the payment of debts and unless a formal estate proceeding is commenced (like probating a will) there is no mechanism that would allow creditors to file claims against the estate and for payment of those claims. SO in the real world the answer is NO YOU do not have to pay any of your parents debts that remain after they've passed on.

You could allow the creditors the opporunity to reclaim their stuff...if no one is using it...

Good luck