Legal Question in Credit and Debt Law in California

Death of a spouse and collections

Hi,

Recently my Father passed away, and I would like to know if my Mother is responsible for any debts that he incurred on his own. I had read that if the surviving spouse resided in a common law state, that they were indeed respobsible for the debts of the deceased, and if they were not residing in such a state that any credit card debts made by the deceased in his name alone were considered null and void. Is this true, and is California a common law state?


Asked on 11/12/02, 6:54 pm

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Death of a spouse and collections

I think you're asking if California is a community property state--it is, and so most debts of one spouse are debts of both spouses. Exceptions would include debts incurred for separate property, or debts solely for the benefit of the deceased spouse and not the "community" of both spouses.

In any case, it's always worth negotiating with the creditors, especially if your mother did not know the debts were incurred.

Read more
Answered on 11/12/02, 7:04 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: Death of a spouse and collections

Mr. Johnson has succintly answered your question. Make sure you negotiate those debts down-Martin

Read more
Answered on 11/12/02, 8:57 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California