Legal Question in Credit and Debt Law in New York

I am a widow my husband just died am i responsible for his truck payment? Will It affect my credit if I brought it back?


Asked on 11/30/09, 10:47 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

If the truck is solely in your husband's name, your husband's estate is responsible for the truck payment. I suspect that you are the sole beneficiary of the estate. Therefore, logically, you would be responsible as the sole beneficiary.

I do not know if it will affect your credit if you brought it back. Many times a creditor will work with a widow. Therefore, I would call the truck dealership, explain that you husband died, and request early termination of the lease.

Mike.

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Answered on 12/06/09, 2:43 pm
Paula McGill Paula McGill Attorney at Law

If you didn't sign financing documents, you are not responsible for the payments. Does your husband have a will? If not, you can open a probate case and become executor. At that time, you will gather his assets and liabilities. If his liabilities execeed his assets, you would not be responsible for his debts simply because you are his wife or the excecutor.

All too often, creditors try to guilt the family to pay the debts of the deceased. Remember, simply because they say you owe, does not mean you do.

(Also licensed in New York and practicing in Nassau County)

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Answered on 12/06/09, 8:45 pm


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