Legal Question in Administrative Law in California

Debts of deceased

The father died leaving all assists to the son who is also the executor of the estate. The father put the son on his bank account as a cosigner but he was the primary owner. The son spent all the monies in the account without paying off the credit card bills of about $8,000- There still is a home that is for sale. Can the bank charge the son with fraud for spending the cash?


Asked on 3/21/08, 8:14 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Debts of deceased

No. The debt has nothing to do with the bank. The creditors could sue the estate and collect from the sale proceeds from the house.

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Answered on 3/23/08, 4:28 pm
Clayton Lee Russakow, Ryan & Johnson

Re: Debts of deceased

No, but the estate's debts are to be satisfied out of the assets of the estate, so the credit card companies may file a claim against the real property to be sold.

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Answered on 3/21/08, 8:20 pm


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