Legal Question in Credit and Debt Law in California

Contract was signed by his daughter (my wife) in 2010. It was signed by her as POA as her father was a stroke patient and was left unable to walk, to write, etc.. The contract shows the party responsible for payment as her father and no one else. When he passed there were no monies left to pay any outstanding debts as Social Security demanded repayment for that period and his pension was not paid before he passed leaving basically a zero balance. The monthly statements received were addressed to her father who lived with us and the caregiver service was paid exclusively from his bank account. Now the caregiver service is demanding payment from my wife and I for services rendered prior to his passing. We have received a demand letter from a local attorney with copies of outstanding statements attached, the odd part is the copies of the statements have my wife's name on them where the original statements that we have are in her fathers name. Are we financially responsible for this debt?


Asked on 11/30/17, 8:20 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

If a debt resulting is outstanding when someone passes away, the person's estate is liable for the amount owed. If an heir receives assets from the estate while the debt is outstanding, the heir becomes liable for some (or perhaps all) of that debt.

Without knowing more about whether there were non-cash assets in the estate (such as an interest in a home), it is not possible to answer the question. You would also not want specific advice coming from someone in a pubic forum, due to the lack of confidentiality. If you need more information, you should make an appointment with an attorney you trust.

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Answered on 11/30/17, 8:33 am


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