Legal Question in Credit and Debt Law in New York
My dad died this Dec, he owed 3 g on a loan he had from a bank. Now the bank wants to charge my mom for whatever he still owed. My mom is not on the loan anywhere, But they owned their house together. Can a bank charge my mom for monies owed by her husband, could they put a lean on the house?
2 Answers from Attorneys
Unless your mom co-signed the loan, the bank has no right to recover from her. However, they may have a claim against your father's estate and that may have the practical effect of taking money from your mom's pocket.
If you need further assistance, contact your local bar association to arrange for a consultation with a local attorney.
Good luck!
If your Mom and Dad owned the house as Tenants by the Entirety ("husband and wife"), then the bank is unable to lien the house, even if the estate owes the bank money. Period.
Mike.
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