Legal Question in Credit and Debt Law in New York

My husband passed away 2 weeks ago. He had person credit cards with balances of approx. 7,000. due on them. My name is not on the accounts, but I need to know if I am responsible in paying them back. I am a N.Y. resident. Thanks.


Asked on 3/04/16, 2:42 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

You are not, his Estate is.

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Answered on 3/04/16, 6:27 pm
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Unless the credit card was a joint account, you are not personally liable for the debt. The executor or administrator of the estate will need to negotiate and pay the decedent´┐Żs debts if there are sufficient assets to pay (please note that some assets that the estate and statutory exemptions has take priority over debt. See this list as a general example: http://www.dummies.com/how-to/content/how-to-pay-the-decedents-debts-and-when-to-declare.html)

I urge you to retain an estate attorney. If you cannot afford one many bar associations and law schools have pro bono (free) attorneys and clinics that help with estate questions. I urge you that you contact one in your area before paying any debt of your deceased husband.

Please accept my condolences.

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Answered on 3/05/16, 10:23 pm


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