Legal Question in Wills and Trusts in New York

Father passed away 3 weeks ago. No will, no wife and 3 adult children (all outside of NY). Owns 1/2 of a house in NY with a total worth of approx 56K. Only other asset is a 13 yr old car. Debts look to be around 24K. 1 adult child will cause delays and problems. If the remaining 2 adult children simply do nothing and expect nothing, will they be held accountable by any court in NY? Are there any repercussions to simply walking away from his estate? Do not desire this route, but cannot go into debt for this small estate.


Asked on 5/07/12, 12:05 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

You are not responsible for debts of your father. Any heir can waive their estate share.

Read more
Answered on 5/07/12, 8:09 am
Walter LeVine Walter D. LeVine, Esq.

I agree with David. The real problem is collection of the debts where the house ownership is only 1/2. This may involve a suit by the creditor to collect the debt. It might be suggested that the family get together and waive their interest in favor of the creditor.

Read more
Answered on 5/07/12, 8:46 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York