Legal Question in Wills and Trusts in New York

liability of decedant's spouse

Is the spouse of a deceased personally responsible for any debts, promises or iou's made without the spouse's knowledge or pre-marriage? do they become null & void upon that persons death or is the estate responsible even if it is a small estate with minimal assets?


Asked on 9/06/04, 10:46 pm

3 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: liability of decedant's spouse

Debts of the deceased are payable out of the individually owned property of the deceased.

If the value of the property isinsufficient to pay the debts then the debts are unpaid. No ther person is legally obligated to pay the debts.

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Answered on 9/07/04, 9:45 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: liability of decedant's spouse

The spouse is not personally responsbile for the decedent's debts but the estate could be.

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 9/07/04, 9:52 am
Walter LeVine Walter D. LeVine, Esq.

Re: liability of decedant's spouse

Expanding on the prior answers. There is no personal liability, unless the debts were guaranteed or arose from a joint liability (like a joint tax return). If you become the estate representative (executor or administrator) you do become responsible in that capacity. If the debts exceed the assets, you should contact all creditors and compromise the balances, indicating the total debt to assets available. You cannot simply pick and choose which debts to pay, but must have consent of all creditors to make any payment, even if compromised, or secondary liability to you can arise. You cannot take the assets of his estate or you will become responsible under the theory of transferee liability. I suggest you retain an attorney to assist in the negotiations of the debt payments, or leave the assets alone and let the creditors fight it out.

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Answered on 9/07/04, 10:38 am


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