Legal Question in Wills and Trusts in New York
estate
My father has passed away two months ago and we are still trying to clear out what he had. His exwife claimed bankrupcy the day after my father died. Today in the mail, we recieved a letter that a credit card he had also had her name on it. Legally, does that debt go under his estate or is she legally responsible now?
2 Answers from Attorneys
Re: estate
In all probability his estate is liable for the debt.
Re: estate
My condolences on your loss.
There are (2) problems here.
First, the credit card debt is owed by both. It is a part of the estate and his wife's debt. Each owes 100% of the money, but the creditor cannot collect more than the amount of the debt. (If the debt is 100 dollars, they can collect 100 dollars from either, but not both. They can collect 96 dollars from one, but then only up to 4 dollars froim the other.)
Second, the wife may wish to withdraw the bankruptcy petition because the creditors can collect from her inheritance under many circumstances. She should consult a lawyer before going forward.
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