Legal Question in Credit and Debt Law in California

deceased father

mother passed away seven years ago. my father passed away suddenly in july. he left credit card balances. in california what is the law on this? is there a dollar amount that credit card companys will write off? largest bal. he has on one card is 10,000. i need to know what law requirements are i have no money to pay on his accts.

he did not leave any monies due to irs or state. please help.

thank you.


Asked on 9/08/08, 1:12 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: deceased father

If he left no estate to speak of, as his child you have no obligation to pay his credit card bills. I'm sorry to hear about your loss. It's always tough when someone so close passes. If you have a copy of his death certificate, send it to the credit card companies and tell them to close out the accounts -- and that there's nothing from which to pay them. The same with the taxing entities.

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Answered on 9/08/08, 3:18 am
David Gibbs The Gibbs Law Firm, APC

Re: deceased father

The credit card lenders (unless he had co-signers or the accounts were joint with someone other than your mother) can only seek reimbursement for what they are owed from your father's estate. You say he did not leave any monies, but if he had other assets, you need to evaluate if they should have been probated. Failure to properly administer your father's estate could create some liability. I'd suggest that you talk to a local probate attorney to review the facts and see if there is any potential liability.

*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.

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Answered on 9/08/08, 1:06 pm


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