Legal Question in Credit and Debt Law in California

debt of a recently deceased person

my father recently died and had over 300K worth of debt and no means to pay it off. can my family inherit the debt, or does it get erased?


Asked on 8/03/07, 12:43 am

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: debt of a recently deceased person

Typically the creditors of an estate must be paid before assets can be distributed to the heirs. However, the heirs would not be personally responsible just because of a blood relation to the decedent. There would need to be some idependent legal basis for liability such as co-signing on a loan.

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Answered on 8/03/07, 1:03 am
Jonathan Stein Law Offices of Jonathan G. Stein

Re: debt of a recently deceased person

If it was just your dad's debt, then you would not have any liability. However, make sure any assets are properly distributed. You may want to get a consultation with an estate planning attorney.

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Answered on 8/03/07, 9:47 am


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