Legal Question in Wills and Trusts in Colorado


I had a brother inlaw commite sucide this past month. He left my sister with no Insurance, Will or Estate and only $118.00 in his pocket. He had 4 credit cards and car loans that are in his name only and he was the only signer on the accounts. They did have a house that was in both names and we that fixed we think.

They had only been married less then 4 years.

The big question in does she have to pay his credit cards bills?

Does she have to get an estate attorney to handle all this stuff?

Does she have to file bankruptcy to protect herself from his creditors?

Please help answer these questions as she can not afford an attorney.

Thank you

Asked on 4/12/05, 7:08 pm

1 Answer from Attorneys

John Campbell Law Offices of John J. Campbell, P.C.

Re: Death

I can only answer generally, but hopefully this information will be helpful. If your brother-in-law was the only signer on the credit cards and on the credit card application, your sister should not be held liable to pay the balances. If the house was titled as "joint tenants with right of survivorship" or "joint tenants", the house passes to your sister by operation of law. All she needs to do is to record a certified copy of the death certificate with the county recorder of deeds. Unless there was other property, there should be no need for a Probate estate. Further, if she is not responsible on the credit card debt, there should be no need for bankruptcy.

Read more
Answered on 4/12/05, 7:16 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Colorado