Legal Question in Wills and Trusts in California

Death of my Life Partner

I lost my Life Partner On Nov 5,2003.We owned property together.My name is on the deeds but on one property not on the loan. Every thing we have was left to me in a will as well on on the deeds. Most bills we had were in both our names.So I guess I am responsible for then. But 2 of the bills were only in her name am I responsible for those as well and will I have to sell the property to pay them. Can they make me sell to pay them off. What will happen.Scared and confused.


Asked on 12/22/03, 11:59 am

4 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Death of my Life Partner

Her estate is responsible for her debts. If there is a home loan secured by the property, that loan will continue to be secured by the property. You should probably hire a probate attorney in your area to review everything, and help determine how to go forward.

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Answered on 12/22/03, 12:25 pm
Scott Schomer Schomer Law Group

Re: Death of my Life Partner

The best thing to do is find a probate attorney located in the county of your partner's death. A probate attorney can review the assets and debts, determine how to pass title and, if necessary, help you open a probate estate to address all of the issues you described. Most attorneys will give you an initial no-cost consultation and if you need to open a probate, those fees are set by statute and paid out of the probate estate.

Contact us if we can be of assistance.

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Answered on 12/22/03, 12:47 pm
Michael Olden Law Offices of Michael A. Olden

Re: Death of my Life Partner

Yours is a complicated situation in some ways. Your question leaves more questions than answers and a problem is you must really sit down with an attorney and discuss all of the bills, the whole situation to the attorney can properly advise you. Basically, even though you were not married if the bills were used for your "community" lifestyle, a court could find the you're responsible for at least half of the bills and her estate is responsible for the other half. Minimally, if there and her name alone, her estate is responsible for that and they should be notified in any probate applicable to creditors claims for yet still owing after the death of individual. The law requires the baby notified and if they are not their time limit for filing a claim is extended to forever. Go to an attorney now.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

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Answered on 12/22/03, 12:48 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Death of my Life Partner

I'm sorry to hear about your loss, and now sorting things out can be confusing. Her estate is responsible for debts in her name, up to the value of the property in it. If there isn't much in the way of liquid assets, you may be able to negotiate the amounts and payment terms. Probate may be required, depending on the manner in which she held the assets, so I'd recommend consulting with a local probate attorney when you can to review the assets/debts and see what's needed.

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Answered on 12/22/03, 1:45 pm


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