Legal Question in Wills and Trusts in California

debt owed by my father

My father had died 60 days ago we transfered the home in my mothers name as a grant deed the house was in Joint Tendency

my father owes alot of credit card debt about $40,000 is my mother reponsiable for that debt or no what actions can the creditors take against us


Asked on 4/08/06, 9:23 pm

1 Answer from Attorneys

J. Spikes Property Law Center

Re: debt owed by my father

It depends. To the extent the debt was incurred for community assets, it would be considered community debt and the creditors could puruse either the estate of your father (which may or may not have sufficient assets) or your mother. They will likely make a demand and then file a lawsuit to collect if you can't settle.

You should really provide an attorney the statements upon which the debt is based to determine if you have any valid defenses or if your mother could be held liable.

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Answered on 4/09/06, 3:29 pm


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