Legal Question in Credit and Debt Law in California

What is the responsibility of a surviving spouse to pay the credit card debt of the spouse that died? My father had a lot of credit card debt in his name. My mother did not make the debt nor is her name on the credit card account. Their assets (their house and some stock) are in a Living Trust.

Should she pay all the credit card bills?

Thank you.


Asked on 5/12/10, 11:31 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

First, I would suggest that you contact a probate attorney, as the issue of your father's debts is one of probate, trust and estate law, not really credit and debt collections laws. Your father's estate is liable for the debts first and foremost. Unfortunately, as I am not a trust and estate attorney, I cannot give you competent advice as to whether or not the trust will protect his assets from his creditors. Mom could potentially have co-debtor liability by virtue of California's community property laws, if the debts were incurred while married. Again, the best advice I can give you is consult with a probate, trust and estate attorney to determine how best to proceed with father's estate. Very sorry for your loss.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 5/19/10, 12:10 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California