Am I responsible for the credit card charges of my deceased California registered domestic partner? I have a collection agency wanting payment.
1 Answer from Attorneys
As a general rule, you can only be held responsible for the debts if you were also a responsible party on the debt. I don't believe that the law has caught up with registered domestic partnerships to give creditors a right to pursue the partner for a debt incurred while registered. For married individuals, a creditor can pursue the other spouse for the deceased spouse's debts under community property laws. Again, I don't believe that California law has caught up with that yet. Tell the collection agency (in writing) that you want proof that you are liable for the debt, otherwise, let them know you will be hiring an attorney to pursue Fair Debt Collection Act violations by their company.
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