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?
2 Answers from Attorneys
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.
Re: Death of a spouse and collections
Mr. Johnson has succintly answered your question. Make sure you negotiate those debts down-Martin
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