Negligence Lawsuit

[Flowers]

What is the name of your state (only U.S. law)? New York
A collection agency called me in reference to a credit card debt of my husband. I know in NYS I am not responsible for his debts but I have a pending lawsuit. They are staking a claim because I had to be named a representative of his estate in order to start this lawsuit and they keep on eye on Surrogate Court.

He did not leave an estate, there was absolutely nothing. If I win this lawsuit, am I responsible for the debts he had on his credit cards. I am confused as to whether if the lawsuit is won the proceeds now become part of his estate.

I may like to make good on whatever moneys he owed but want to know were the law stands on this.

Flowers

 

[You Are Guilty]

You, individually, would not be responsible for his debts. You, as administratrix/executrix, could potentially be responsible for repayment, depending on the value of the estate and the reason for the debt(s).

Best to speak with your private attorney about any possible implications of the suit on the collection activity now, so if necessary, when the time comes, you can structure a settlement to minimize the impact.

 

[Flowers]

Thank you..You Are Guilty. I will speak with my lawyer about this. Funny thing is I do not recall the card they are talking about.

Flowers

 

[seniorjudge]

Thank you..You Are Guilty. I will speak with my lawyer about this. Funny thing is I do not recall the card they are talking about.

Flowers

Before you pay anything, make them validate the debt.

 

[Flowers]

Before you pay anything, make them validate the debt.

Will do Seniorjudge. Thank you.

Flowers