Legal Question in Wills and Trusts in New York

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.

Re: liability of decedant's spouse

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

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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.