Legal Question in Credit and Debt Law in New York
My husband passed away 2 weeks ago. He had person credit cards with balances of approx. 7,000. due on them. My name is not on the accounts, but I need to know if I am responsible in paying them back. I am a N.Y. resident. Thanks.
2 Answers from Attorneys
You are not, his Estate is.
Unless the credit card was a joint account, you are not personally liable for the debt. The executor or administrator of the estate will need to negotiate and pay the decedent�s debts if there are sufficient assets to pay (please note that some assets that the estate and statutory exemptions has take priority over debt. See this list as a general example: http://www.dummies.com/how-to/content/how-to-pay-the-decedents-debts-and-when-to-declare.html)
I urge you to retain an estate attorney. If you cannot afford one many bar associations and law schools have pro bono (free) attorneys and clinics that help with estate questions. I urge you that you contact one in your area before paying any debt of your deceased husband.
Please accept my condolences.