Legal Question in Business Law in California
My mother died on October 6, 2014. She had some money in a bank account that she had designated me as the beneficiary of. The bank released the funds from her account to me yesterday upon me showing a death certificate to them. I deposited the funds into my account at the same bank.
However, she also had a credit card balance with that same bank. Do I now become liable to make the monthly payments on that credit card or not?
1 Answer from Attorneys
It depends on how you were designated the beneficiary. If you were joint tenants then no. Otherwise, probably yes. The reason is that a dead person's estate must first be used to pay debts of the deceased before distribution to heirs. In the case of joint tenancy, however, ownership never enters the estate of the deceased. Their ownership simply evaporates in favor of the surviving joint tenant.
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