Have Legal Questions? Ask a Lawyer Now.
Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification
Were you on the deed?
In terms of the debts,
if they are all in your husbands name, only he would be liable, and his estate would be liable,
in regards XXXXX XXXXX home, if the property is not in your name,
and mortgage is not in your name,
you would have to go to NY Surrogate court to become his administrator, the fee is limited, and you can do this by yourself,
once appointed, you can work out an arrangement with the lender,
no I was not on the deed. I do have the deed and there is one part where it states if the party is married even if I'm not listed as an obligator that I should have signed but I don't see that anywhere and we were married at the time.
You are not required to pay any of his debts,
If your name is XXXXX XXXXX the deed, it would be an issue, but through probate court, you can become the administrator of his estate and transfer the deed into your name if you want to keep it,
My concern about surrogate court is if more is owed on the house that what I could sell it for I would then be obligated to pay the debt and the mortgage which is a over 3,500 a month that I don't have
that is a good point,
if you do not want to live in the home, you may want to consider letting it go,
and since your name is XXXXX XXXXX the mortgage,
they cannot come after you
Would the asset of the house be then minus the debts in his name ? In which case it is all really under water anyway.
what would happen is if you become the administrator, any profit from the sale of the home, would have to pay his debts,
so at this point, it is better, not to do this,
Thank you. I don't know why I needed to hear this one more time . I think my only choice is to really walk away. St vincent dePaul is coming shortly to pick up furniture after that I do have to close my eyes and go. thank you again
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).