Legal Question in Wills and Trusts in New York

No assets, no estate?

When my loved one passed away they had no real assets, didn't own a house, still owed money on the primary vehicle and had a couple of credit cards, along with several medical bills. There really is no estate to speak of. Now several people have come to me stating that this loved one owed them money for a television that I can't locate, for a motor scooter that I have a receipt and a clear title on in my loved one's name, and a few others for items I don't have. There is nothing in writing from my loved one to this effect on any of these. How responsible am I for these ''debts'' with no proof? How responsible is the estate? What should I do? My loved one has 5 children who deserve anything that this loved one owned (my opinion) and I've tried to preserve the few little things they did have for the children. Is this right? No estate has been filed, no reason to as far as I can see. I'd like to hear what a lawyer could advise me. Thanks.


Asked on 8/04/05, 8:40 am

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: No assets, no estate?

You are not responsible for any of his debts; his estate is, to the extent it has assets.

If the creditor has a lien then the creditor can repossess.

Any claim against the estate must be proven by lawsuit standards.

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Answered on 8/04/05, 9:02 am
Walter LeVine Walter D. LeVine, Esq.

Re: No assets, no estate?

I agree with Norman. There is no estate and you appear not to have any liability. Any claim or lien must be asserted by litigation against the estate or, if someone is making a claim against you, must be brought against you. If there is no litigation, ignore the claims.

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Answered on 8/04/05, 10:50 am


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