Wevertown, NY Estate Planning Law Firms & Lawyers

Hi Joseph:  My name is Damien. I am an attorney located in New York City. If your father still has his mental capacity, he can still execute (sign) a Will. He would need to have two witnesses (and if you are a beneficiary, you cannot be a witness). Generally, it is best to have an attorney draft and supervise the Will signing even when the testator (your Father) has limited assets.  If you need assistance, a New York Trusts & Estates Attorney can help you. If you wish to speak on the phone about it, you can call Damien Bosco, P.C. at (646) 452-7082.  

First, if any property of your husband will go through probate (not jointly owned) then the probate estate should handle his debts. Second, if no probate, the answer is probably. As with any legal question, always best to have legal advice from a lawyer who represents you, and is looking out for your interests. The general rule in Oregon is that spouses are liable for expenses of the family, and these would generally include medical expenses. Also, in general if you inherit property you are liable for the decedent's debts to the extent of the value of what you inherited. That said, hospitals and medical providers will normally work with you. Some have deals with no-interest credit providers; others will reduce or write off their bills. The Oregon State Bar has a lawyer referral service. You can get referred to some estate lawyers who will meet with you for a consultation at a set fee.

You may want to avoid using a will to divide up your estate since that goes through Probate and your spouse could assert an interest in the assets even though you left him out of the will. Rather you should consider a revocable living Trust or naming your children as beneficiaries on all of your assets. I would recommend you work with an attorney on this if it important to you.