Legal Question in Wills and Trusts in New York
Debt obligation for surviving spouse
Is a surviving spouse responsible for debits of a deceased spouse which are only in the deceased name? (credit cards especially?)
3 Answers from Attorneys
Re: Debt obligation for surviving spouse
No, but the debt may be payable out of the deceased spouses assets.
Re: Debt obligation for surviving spouse
No, but the estate of the deceased is.
Re: Debt obligation for surviving spouse
Not personally. However, if the decedent had assets, his estate is responsible for any debts he had incurred. If the spouse is designated executrix (under a Will) or administrator (by statute where there is no Will), in either representatice capacity, the spouse is responsible to see all debts are paid. If the debts exceed the assets avaialable, partial payments can be made. However, you cannot pick and chose which creditors to pay, and all will have to agree to the allocation of assets. This might require an attorney to assist you in the negotiations.
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