Legal Question in Wills and Trusts in California
credit debt after death
My sister in laws husband had a sudden heart attack and died...he had 60k or so in credit card debt in his name only and 18k in both him and her name. She has no money.
What is her responsability....how do we get her through this
1 Answer from Attorneys
Re: credit debt after death
If the credit cards were only in his name and used only for his purposes and not to benefit any of the martial property, then she should not be liable for any of his personal debts, just as if he, in a community property state such as California, inherited any money it is his personal property and not part of the community/marriage property.
As to the debts in both of their names, if they have nothing of value, she should call up the creditor and tell them the situation and ask for the debt to be canceled as it is not collectible. Someone should be with her when she calls as she may not be able to complete the call.
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