Legal Question in Credit and Debt Law in California

post-death debt collections

I am 79 yrs old. I own my mobile home in joint tenancy with my spouse. I am the only credit card holder- can these credit ors take my home or savings upon my death? All unsecured debt. What ,if any, may be at risk?


Asked on 5/30/05, 12:04 am

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: post-death debt collections

property that is owned in joint tenancy means that the survivor will get the property in its entirety upon the death of one of the joint tenants. typically, most types of creditors are unable to legally "touch" the property once it vests entirely with the surviving joint tenant, however, there can be exceptions. as far as your savings go, that would also depend on how "title" to the account is held whether or not most creditors can touch the monies. if you would like further assistance in this matter, contact us directly at your earliest convenience.

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Answered on 5/30/05, 10:57 am


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