Legal Question in Wills and Trusts in New York

Estate

Person married, died with charge card debt but only the deceased signed for debt, however, house in both names can any legal action be taken again the living spouse, can;t make the spouse pay debt but can they for example attach lien


Asked on 6/02/09, 3:45 pm

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Estate

Only the property owned by the decedent individually (that is not jointly) is available for the payment of the debts of the decedent. The residence was probably owned as tenants by the entirety and accordingly this property is not available for the payment of the debts of the first spouse to die.

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Answered on 6/02/09, 3:51 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Estate

I generally agree with Norman, but I have not seen the Deed and the exact way the ownership was titled. How the Deed reads could change the answer. If the ownership was held as "Tenants in Common", the credit card company could pursue the deceased's ownership in the house. It is possible they would consider a huge discount in the bill to avoid suing, if they were aware there were nominal assets in the estate.

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Answered on 6/02/09, 5:35 pm


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