Legal Question in Credit and Debt Law in New York
Debt Collection From a Deceased Spouse
My stepfather is not paying his bills, including medical. He has cancer and is dying. Is my mother responsible for his debt after he is gone? They own no property. There is no estate to collect from except they own a car. They quitclaimed their house to my husband and I and we are in sole title of the property. My husband and I put a mortgage on the house in November in our names only. Can a collector come after the property? Are we responsible for my stepfather's unpaid debts?
2 Answers from Attorneys
Re: Debt Collection From a Deceased Spouse
His estate is responsible, not his relatives.
Re: Debt Collection From a Deceased Spouse
NO one other than your stepfather is responsible for payment of bills...unless someone other than your stepfather has signed a guaranty of payment. If your stepfather dies, his assets are subject to claims by creditors. Normally, assets of a dead person disappear (are taken) by his surviving kin...but there are some assets that cannot be transferred without a court proceeding that appoints a representative (executor) to handle the paperwork. In that proceeding (probate of estate) the creditors get their chance to claim assets in payment of their bills. If there are no assets that require such a proceeding that usually ends the matter. The creditors may be angry, but that is all they'll end up with...nothing.
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