Legal Question in Elder Law in New York

If the credit card is in your mother's name and you are not the guarantor or co-signor on the credit card, no you are not personally liable for the credit card debt; her estate is liable.

If you are the administrator of the estate, you have the responsibility of collecting her assets, and paying her liabilities from those assets based upon the law and the will (if any). Even as the administrator, if there are insufficient assets to pay for her liabilities, you are not liable as long as you follow the law.

Of course, creditors try to guilt families of decedents into paying debts. Unfortunately, survivors sometimes fall for their lies. Force them to write the loss off if your mother has insufficient assets.

Paula J. McGill

1225 Franklin Avenue

Suite 325

Garden City, NY 11530

(516)491-4610