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?


Asked on 8/04/03, 1:11 pm

4 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

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.

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Answered on 8/04/03, 1:17 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Estate Liability

Not unless there was a guarantor to the account or the card was jointly owned.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 8/04/03, 1:35 pm
Frank Lang Lang Law Firm PLLC

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.

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Answered on 8/04/03, 3:54 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Estate Liability

I am sorry for your loss.

The legal part of this is easy: no. you cannot inherit debts.

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Answered on 8/04/03, 6:43 pm


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