Legal Question in Business Law in California

Re: Payment

Probably, and for an assortment of reasons. First, community assets are liable for the debts of either spouse incurred during marriage. Paperwork has nothing to do with it. Also, a decedent's estate is liable for the decedent's debts. So, if Joe Sr. dies owing $100,000 to Bank of America for whatever, Joe Jr. cannot take the first dime from old Joe's bank accounts or the first teaspoon from old Joe's silver chest until the bank is paid. Now, I am not an expert on wills, trusts and estates, but this is my general understanding and I think you should treat this as further bad news that you may have to deal with until someone with greater expertise, hopefully someone you've retained to assist you personally, advises you differently.