Legal Question in Wills and Trusts in New York
Estate Liability
If a person dies without any money in their estate, and they have a balance due of $800.00 on a credit card, can anyone else be held liable for the balance due?
4 Answers from Attorneys
Re: Estate Liability
Unless there is another responsible person on the card, no other person should be liable. I suggest a family member write the card company, informing them of the death and that there were no assets in the estate.
Re: Estate Liability
Not unless there was a guarantor to the account or the card was jointly owned.
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Re: Estate Liability
There are limited situations where another person can be responsible for the decedent's debt. If there is a surviving spouse, and the debt was for a "necessity", the spouse may be responsible. And if the card had another owner, or if someone had co-signed for the debt, they would be responsible.
If none of those apply, write the credit card company and advise them that the decedent had no assets and will not have an estate opened, and they will write off the debt.
Re: Estate Liability
I am sorry for your loss.
The legal part of this is easy: no. you cannot inherit debts.