Legal Question in Wills and Trusts in New York

Re: Debt's after death

The estate of the deceased parent is obligated to pay the creditors. Therefore, the value to the estate is diminished by the amount owed to creditors leaving the rest to be distributed according to the Will or if there is no Will, then by the hierarchy provided for by NY law.

Re: Debt's after death

While I generally agree with Frank's comments, that there is no personal responsibility to the children, and the estate is solely responsible to pay them. However, if these debts and bills are not paid, the car can be repossessed and the house lost by a future foreclosure action. If there are insufficient assets in the estate to pay these bills, either the children pay them or run the risk of losing the asset. More facts are needed to give you a better response, such as the assets in the estate and their value, the total of the debts and what expenses, beside car payments, are involved.