Legal Question in Wills and Trusts in New York

My father-in-law recently died in the state of NY. Everything was left in a living trust or to beneficiary. He left $1200 cash in a bank account that my husband's (also the trustee of estate)name was put on a week before his death. Are we legally bond in any way to have to use proceeds from sale of the home(in trust) or beneficiary proceeds to pay off about $5000 in credit card debt. If not can we legally state, "there isn't enough funds in his estate to make payment."?? Please advise, first and foremost we don't want to be in any legal trouble.

Thank you for any help you can give me.


Asked on 11/19/09, 4:21 pm

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

What does the trust say (if anything) about paying the decedent's debts? The decedent's creditors need to follow proper procedures in order to get paid; let them do so.

Good luck.

Rick Bryan

New York, NY

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Answered on 11/26/09, 11:09 pm


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