My father passed away July 9,2008. He and my mother were legally married but, not living with each other. Because they never divorced or legally separated, she was entitled to his $401k plan and SS.

Recently my mother has received a bill from an attorney stating that she is responsible for his estate. The bill said that she owes $12,342.78, on an account my father created before his death. What would be my mother's course of legal action against this matter?
*They both live in New York State.

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Originally Posted by TAKECAREOFURKID

My father passed away July 9,2008. He and my mother were legally married but, not living with each other. Because they never divorced or legally seperated, she was entitled to his $401k plan and SS.

Recently my mother has received a bill from an attorney stating that she is responsible for his estate. The bill said that she owes $12,342.78, on an account my father created before his death. What would be my mother's course of legal action against this matter?
*They both live in New York State.

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I am also in NYS and am also dealing with an estate.

What is the debt for? When you say she is "responsible for his estate" do you mean that the Will named her executrix? She can simply resign if she chooses to do so. She does not have to accept the appointment.

She's automatically entitled to his SS. She is NOT automatically entitled to his 401K.

Need more information, I'm afraid.

401k plans are paid to a listed beneficiary, not necessarily the spouse. If your dad never changed his beneficiary then she would get that money and it would be outside the estate.

I would tell her to respond to the attorney that she is not responsible for any debts he incurred in his own name. And to cease bothering her.

We don't know what the debt is for, but it was created through Household Finance Corp. My father never left a WILL, but only named his 85year old mother, and his girlfriend as beneficiaries of his life insurance through his job.
My mother was never officicially named the overseer of his estate. I hope this helps a bit.:confused:

My father recently passed away this summer. He had a $401k plan, that had no benficiaries named.He has a legal living spouse and three adult children.Are his 3 adult children entitled to any of it?:confused: