Legal Question in Credit and Debt Law in New York

Credit owed after grandmother passes

My grandmother is 91 and worries that when she dies the things she left the grandchildren will not be allowed to go to them because she allows 1 family member to use her store credit cards such as Sears, Kaufmanns and there are high balances owed. Will her things be sold to pay these balances? Her house is paid for. She really has no savings. She is just leaving materials to the kids and whatever little money she has. So do these cards get paid off first before her house is sold etc.


Asked on 9/03/04, 4:11 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Credit owed after grandmother passes

Debts of the grandmother will be dealt with in her estate proceedings. If there are any. The things she leaves to others that are not nailed down will be gone before she is buried...(if she dies tomorrow, I assume her beneficiaries will clear everything out before her creditors find out)...but the house is another story. WHO OWNS THE HOUSE NOW? Why doesn't she give the house away NOW (before she dies) and keep a life estate in it (so she can live there peacefully until she dies). She signs a lease with the new owners (her kin I guess) which says she can stay there until she dies without having to pay any rent or if she pays the taxes and utility bills...which I guess she is doing now......AND she should get the credit card BACK from the lousy family member who is running up the bills without regard for anyone else...

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Answered on 9/06/04, 5:36 pm


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