Can my husband be held responsible for his brother’s debts?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my husband be held responsible for his brother’s debts?

My brother-in-law died with no Will. My husband being his only sibling is next of kin and legally would inherit his possessions. My brother-in-law was an alcoholic and had a $29,000 line of credit loan. My husband and his brother have not been in contact for years and wants nothing to do with his possessions. We received a summons in regard to the condo the line of credit was taken on. How do we go about getting rid of this? We don’t want to put out any money for this.

Asked on May 17, 2012 under Bankruptcy Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am sorry for your loss and for the situation. His brother's debts are not his responsibility.  He can reounce any inheritance that there may be.  If he files to be appointed as the personal reporesentative of the estate he will still not be personally liable for the debt but will in fact be able to help the matter resolve more quickly (estate can be insolvent).  Were you sued personally as to the condo line of credit?  If you were then you need to be dismissed from the suit as an improper party.  Get help from some one in the area.  Just advice on what is the best way to proceed with all the facts presented.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption