Legal Question in Wills and Trusts in California
Through the death of my husband I am the beneficiary if his IRA account. I am unable to pay debts of our credit cards, so they are all way past due. Have not filed bankrupcy as of yet. If this money is touched, does it open the door for creditors to come after it? Can they sue me for his estate?
1 Answer from Attorneys
You need to contact an attorney who specializes in probate as soon as possible. You may be able to file to probate the estate and then bankrupt the estate itself if the debts were all just in your husbands name. It all depends on what the creditors do as theoretically they could come after you personally even if your name was not on the accounts under a community property argument, namely, that the debts were incurred during the term of your marriage. Please see a probate attorney as soon as possible.
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