Legal Question in Wills and Trusts in New York
Debts upon death
If my husband dies am I or my children responsible for his debts, if he has no assets.
2 Answers from Attorneys
Re: Debts upon death
Not unless you agreed to pay them or if he transferred his assets to you in order to defraud his creditors.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns.
Re: Debts upon death
You have no responsibility unless you have co-signed any debt with him, guaranteed a debt or assumed responsibility for payment of his debts. If you have joint assets with him, they may be able to reached, at least for 1/2, by his creditors, unless you can verify you contributed all assets and his joint registration was merely as an accomodation.