Legal Question in Credit and Debt Law in New York

My mother passed away recently on December 28, 2010, her POA, my brother wants to add my name to the deed to her home. She has several default judgments entered against her and not against her condo. Would I be held responsible for her debt of credit cards?


Asked on 1/03/11, 5:13 pm

1 Answer from Attorneys

Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

A power of attorney is valid only during the lifetime of the one granting the power. So at this point your brother cannot do anything pursuant to a power of attorney. How your mother's home is disposed of depends on whether or not she had a will and what the will provides. If there was no will, then the home may possibly be sold by the heirs, or you may need to commence an administration proceeding in surrogate's court in order to sell it. The judgments would have to be paid from the proceeds of the sale or from any other assets in your mother's estate. You would not have any personal liability for your mother's debts.

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Answered on 1/10/11, 7:07 am


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