Legal Question in Wills and Trusts in New Jersey

claims against ''estate''

We received a claim against the estate of my father-in-law from a credit card company. The ''estate'' they are referring to totalled less than $6000.00 He was 81 when he passed away in May 2006 and still worked at WalMart to make ends meet. He did not own a home and had no assets. I have receipts to prove the little left in his account was spent entirely on funeral expenses and still wasn't enough. The credit card was in his name only - I was adivsed to write a letter threatening to contact the OCC and would like to know if this is my best course of action. I don't see how an adult child left with no ''estate'' can be held responsible for a parent's debt.


Asked on 12/15/06, 1:15 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: claims against ''estate''

You are not responsible for your father's debts or the debts of the estate. Funeral expenses would get a very high priority in the payment of the debts of the estate. Based on what you have said, there is nothing left for this creditor. Tell them so. If they persist, they have the right to apply to the surrogate to administer the estate themselves (although this rarely happens). Don't let them tell you that you are responsible. You are not.

See also: http://info.corbettlaw.net/lawguru.htm

Read more
Answered on 12/15/06, 2:31 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Jersey