Legal Question in Wills and Trusts in New York

estate and credit card debt

my dad recently passed away and left my brother and myself a house worth about $700,000. He had nothing else to leave. Upon his death he had a visa credit card owing $17,000. Are my brother and I responsible for this debt? Neither one of us ever signed to be on the card. We do not intend to sell the house just yet. I assumed they could put a lien on it, however I just heard on tv that if we never signed onto the credit card we are not responsible and the credit card company will just continue to harrass us. Advice?


Asked on 2/04/09, 9:17 am

2 Answers from Attorneys
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

Re: estate and credit card debt

While it is true that you and your brother are not personally responsible for your father's debts, your father's estate is liable. The credit card company has the right to sue the estate, but they may not take advantage of that right. Nevertheless, they will refer the debt to a collection agent so you can expect some calls and letters in an attempt to collect.

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Answered on 2/04/09, 9:38 am
Walter LeVine Walter D. LeVine, Esq.

Re: estate and credit card debt

I agree with Rudolf that you have no personal responsibility, but that this may be a collection nightmare. I suggest you call the CC company and see if you can negotiate a compromise payment (discount for payment now), or at least have them defer collection and stop interest and late charges until the house is sold and they get paid

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Answered on 2/04/09, 3:11 pm


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