Legal Question in Wills and Trusts in New York

Re: Who is responsible for credit card debt ?

The creditors have to be paid from the estate assets and get paid before the estate can be distributed. You question if the estate is large enough to pay all of her debts, but indicate her house was in the process of being sold. You do not provide information on the value of her assets nor the amount of her debts. Is there a mortgage? Is there any equity in the house after the mortgage is paid? Was she eligible for Mediciare or have medical insurance of any type, to pay her medical bills? The Executor appointed when the Will was probated is bound to evaluate all assets in the estate (both probate estate - assets subject to the Will - and non-probate - assets your mother owned but passing oputside the Will, such as joint bank accounts or assets with a designated beneficiary like life insurance and retirement plans) and also determine her debts. If her debts exceed the net asset value, it is possible the children will get nothing, as the debts are required to paid first. I need more information to provide more than the general response set forth above.

Re: Who is responsible for credit card debt ?

The creditors should be paid from estate assets before the heirs.