Legal Question in Wills and Trusts in New York

Is there anything i can do to protect my children from inheriting my medical school debt? Or is it automatically deducted from my estate when i die?


Asked on 3/25/10, 7:03 am

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Any debt that you owe at the time if your death is payable out of your individually owned property, that is, your estate. It is not automatic, it must be claimed by the creditor.

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Answered on 3/30/10, 7:14 am
Walter LeVine Walter D. LeVine, Esq.

I agree. Of course, if there is no estate comprised of individually owned assets, there may be nothing to claim. However, the creditor has a variety of remedies available, so do not presume the debt may go uncontested.

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Answered on 3/30/10, 11:36 am


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