Legal Question in Wills and Trusts in New York
Who is responsible to pay credit card bills
My father-in-law passed away recently.His wife second marriage)removed all his assets from the sale of his home from the first marriage (first wife deceased)He did not want the second wife to have this money but was to ill to sign a check. Unknown to him that she had already written a check for the full amount in the account and sent it to her child to cash. It was cashed on the same day that he passed away. Now the money tha was in this account was suppose to be used for paying his funeral bills plus any bills that needed to be paid. The step-mother paid the funeral bills (we think) but refuses to pay his credit card bill saying it ddid not belong to her. But what was on these credit cards were items that she had bought or meals that they had eaten out because she refused to do any cooking for him.She refuses to give the executor of the will the death certificate so that what few items that he had can be dispensed. Is she (the wife) responsible to pay these credit card bills or will they be the responsibility of the estate. She refuses to return any of the money she removed saying she has to think about herself now.There is also an automobile loan.She des not drive so the car is of no use to her.
1 Answer from Attorneys
Re: Who is responsible to pay credit card bills
What is she doing with the original will? It
should be in the hands of the attorney who
drafted it.
The cashing of the check is entirely legal
In fact, at times, I even advise it
Because there is no personal liability for
the bills. without assets in the estate,
there can be no recovery by the credit card
companies.
The car is a different matter, as the loan
is probably a lien and the car could eventually
be sold by the car loan company to satisfy
the loan.
Hire a good lawyer.