New York Bankruptcy Litigation » Liability Issues http://www.newyorkbankruptcylitigation.com New York bankruptcy attorney enforcing your rights under the automatic stay and discharge injunctions. Mon, 05 May 2008 18:06:01 +0000 http://wordpress.org/?v=2.5 en Can You Be Held Responsible For The Debts Of A Deceased Relative? http://www.newyorkbankruptcylitigation.com/2007/01/01/can-you-be-held-responsible-for-the-debts-of-a-deceased-relative/ http://www.newyorkbankruptcylitigation.com/2007/01/01/can-you-be-held-responsible-for-the-debts-of-a-deceased-relative/#comments Mon, 01 Jan 2007 20:12:31 +0000 Jay Fleischman, New York Bankruptcy Attorney http://www.newyorkbankruptcylitigation.com/2007/01/01/can-you-be-held-responsible-for-the-debts-of-a-deceased-relative/ By Jay S. Fleischman, Esq.

In New York, debts are contractual in nature. That means I am responsible for my own debts, as well as those that I have agreed to be responsible for. If I don’t agree to be held liable for a debt, I cannot be forced to pay for it.

The issue becomes slightly muddier in the case of a deceased relative. If my relative incurs a debt and then dies, the creditor has a claim against the estate of my relative. If there are assets in the estate then the creditor may be able to sue and obtain a recovery - against the estate, not against me. But if there are no assets then there technically isn’t really an estate; in such case, the creditor walks away empty-handed.

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