Legal Question in Credit and Debt Law in California
Wife passed away, received a bill from credit card in her name only, stating that I have to pay it. Am I responsible for it.
Asked on 5/03/11, 10:53 am
2 Answers from Attorneys
JAMES POWELL 909-890-0105
LAW OFFICE OF JAMES M. POWELL
If it was used for the benefit of the community, meaning both you and your wife, then you are responsible for it. However, the credit card company will have to file a collection lawsuit against you to determine if the card was used for the benefit of both.
Answered on 5/03/11, 11:02 am
Mr. Powell is flat out wrong. If the charges were made during the marriage it is a community property debt and they can collect from you out of the community property, including cash and investment accounts, that you became the sole owner of upon her death.
Answered on 5/03/11, 2:47 pm