California  |  Credit and Debt Law

Legal Question

Asked on: 5/25/13, 10:57 pm

Is my mother obligated to make payments on a loan that my deceased father had co-signed for his granddaughter from a previous marriage? (To be clear, the granddaughter is the daughter of the son my father had from a previous marriage. No relation at all to my mother. And my father alone co-signed the loan several years ago, not along with my mother, and actually without her knowledge.)

1 Answer

Answered on: 5/26/13, 6:41 am by Carl Starrett

Your mom should see a probate attorney. The lender might be considered a creditor of your father's estate. She isn't personally liable now because she didn't sign the contract, but she could become liable if your mother receives assets from your father's estate that should have gone to pay his creditors.

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Law Offices of Carl H. Starrett II 1941-C Friendship Drive El Cajon, CA 92020-1144

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