Legal Question in Credit and Debt Law in New York
financial responsibility
Mother died, she left a large amt of credit card debt. Named son as POA but he was unaware of debt. Mother spent year in Nursing Home that promised to settle the debt problem as her income was ''protected'' What is son's responsibility r/t nsg home bill and outside debt? NYS medicaid won't help with burial as she as $ in bank, but the $ is frozen by collections r/t debt.
1 Answer from Attorneys
Re: financial responsibility
The mother's estate is responsible for debts the mother incurred during her lifetime. The POA is gone as death terminates a power of attorney. Until an administrator is appointed, there is nothing you could do with respect to the account that was tied up since there is no legal representative. The bank should hold onto the funds for the same reason. If and when an administrator is appointed, the first thing to do is vacate the judgment which would terminate the bank restraint. Then the funds would flow into the estate where the creditor would have to make a claim for the debt.
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