Legal Question in Wills and Trusts in New York

Re: medical

The decedents' estate pays bills owed to creditors

before transfers to beneficarys

Re: medical

Your stepmother is wrong.

Suggest you retain an attorney [who would be paid by the Estate], to assist you. If you make mistakes, you could be held personally liable.

I practice in NYC and Long Island.

Re: medical bills

As previously stated, the decedent's estate is liable for unpaid debts including medical bills not covered by insurance. Joint assets such as your stepmother's joint checking account generally pass outside of the will.

However, if there are insufficient assets in the estate to pay the bills, your father's contributions to the checking account which can be identified as coming from him, ie: direct deposit of social security, etc. could be obtained from the account or from your stepmother, if she trook the money out.

I suggest you retain an attorney, (paid from the estate) to represent you.

Unless you personally guaranteed payment of the medical bills, you will not be liable.

Re: medical

The personal assets comprising the testamentary estate (those passing under the Will) are the primary source of debt payments, including medical bills, if sufficient to cover them. If the testamentary assets are insufficient, then his interest, to the extent they can be verified as having come from him, could be reached to pay these bills. This could act to reduce what you get under the Will and increase what your stepmother gets from the joint account.

Re: medical

Although you are not individually responsible, Dad's medical bills would be a proper estate expense and should be paid from the estate before making any distributions. If there is not enough money in the estate to pay those bills, the creditor might then pursue your stepmother for the amount she received from the joint account, or on a theory that she is responsible because she was married to him.

None of that relieves the executor from the responsiblity to pay Dad's bills if there is sufficient money in the estate to do so.