Can my husband be held responsible for his brother’s debts?
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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 12 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.
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