Legal Question in Wills and Trusts in New York

Debts

My daughter died and had personal loans and large credit card balances,Am I responsible to pay them? She was co owner of my house.I'm retired and 75 years old.


Asked on 2/09/01, 8:00 pm

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: Debts

You are not responsible for your daughter's debts.

However, her creditors can collect from the assets she owned, which included a partial ownership of the home (you did not disclose her percentage interest).

The creditors can, by proper legal action, obtain a lien on her percentage interest in the home. They can sell that interest; but who but you would buy it?

The lien will stay as an encumbrance on the home (like a mortgage) and will be paid, in all events, when and if the house is sold.

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Answered on 3/22/01, 8:47 am
Walter LeVine Walter D. LeVine, Esq.

Re: Debts

You are not responsible for her debts, unless you co-signed or guarantted their payment. You do not say how the house is titled, joint tenants with right of survivorship or merely tenants in common. If the Deed said survivorship, the creditors probably will not be able to reach her interest in the house, since she had no absolute ownership interest. If the ownership was as tenants in common, she had an undivided 1/2 interest and the creditors could make a claim against her interest. They could possibly bring a suit for partition or seek to assert their claim against her interest. If the house was ever sold, they could collect against her share of the proceeds. If partition is brought, they might be able to compel a sale. I suggest you confer with a creditor's right attorney to determine your responsibilities and exposure.

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Answered on 3/22/01, 10:33 am


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