Legal Question in Wills and Trusts in California

credit card liability of surviving spouse

The surviving spouse was not joint or co-holder of credit cards. Thier name is not on the account. Are they liable for the debt? If the surviving spouse is sole benificiary and executor of the estate, are they liable for the debt?

Asked on 11/03/97, 4:00 pm

1 Answer from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law
0 users found helpful
0 attorneys agreed

Debt liability of surviving spouse

Typically, the surviving spouse's liability is limited to the value of the property passing to the surviving spouse. Thus, he or she would have to pay the debts out of the deceased spouse's property, up to the value of the property.

Regarding the spouse being an executor: if the surviving spouse is sole beneficiary of the estate, there may be no need to have an executor. A simplified court proceeding can be used instead, if it applies, and sometimes even the simple court proceeding is not necessary. Check with a local probate/estate planning attorney to see what procedure is needed in your case.

Read more
Answered on 11/04/97, 8:07 pm

Related Questions & Answers

    A PHP Error was encountered

    Severity: Warning

    Message: Invalid argument supplied for foreach()

    Filename: views/new_publicquestionview.php

    Line Number: 131

More Probate, Trusts, Wills & Estates questions and answers in California

Looking for something else?

Get Free Legal Advice

88413 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Michelle ScopelliteGoldstein & Scopellite, PCTucson, AZ
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now