Legal Question in Credit and Debt Law in California

Financial Responsibility After Death

Is a widow/er financially repsonsible for all debts incurred by their spouse? What if the spouse knew nothing of the debts?


Asked on 4/03/02, 1:31 am

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Financial Responsibility After Death

If the debts are community debts which basically means debts incurred during the marriage then yes. If the debts are seperate debts, for example debts that existed prior to marriage, then no.

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Answered on 4/03/02, 4:02 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Financial Responsibility After Death

The estate of the deceased is primarily liable. The debt also needs to be characterized as separate or community debts. It would depend on the circumstances.

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Answered on 4/03/02, 1:09 pm


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