credit card debt of deceased

[lthrope]

What is the name of your state? New York My partner (same-sex) is deceased. we owned our co-op as Joint Tenants with rights of survivorship. She had a small amount of credit card debt. After initially stating that they were going to write of the debt the company is now claiming that they will place a lien against the property if they are not paid. Can they do this?
Thanks

 

[Ladynred]

Debts of the deceased are usually paid out of the estate thru Probate. If there was no estate or it was insolvent, then the creditors get nothing. However, since she had at least 1/2 ownership in the house, she DID leave an estate - she had assets.

NY consolidated laws don't appear to give protection for property deeded as tenants by entirety against the debts of just one of the 'tenants'. The homestead exemption is as follows:

n general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding.

* Under Chptr. 8, Art. 52, Sec. 5206 of the New York State Consolidated Laws, property of one of the following types, not exceeding $10,000 in value above liens and encumbrances, owned and occupied as a principal residence, is exempt from application to the satisfaction of a money judgment, unless the judgment was recovered wholly for the purchase price thereof:
1. a lot of land with a dwelling thereon,
2. shares of stock in a cooperative apartment corporation,
3. units of a condominium apartment, or
4. a mobile home.

They cannot place a lien against anything until they sue and win a judgment. I suggest you speak to a probate attorney to find out exactly what they can or cannot do.