Legal Question in Credit and Debt Law in California

Debt responsibility after a parent's death
My mother passed away recently. She lived off social security and has no assets (or ''estate'')whatsoever. We sent a letter to the bank with her death certificate. The bank responded back stating that we (her children) are still responsible for my mother's outstanding debt. My mother was the only person on the account. True or not true?

Asked on 12/22/06, 1:02 am

2 Answers from Attorneys

Tamar Israel Dyson Dyson & Associates

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Re: Debt responsibility after a parent's death

I agree. Based on the facts presented you are not liable unless you are in what is known as "privity of contract" with the bank which basically means that you are connected with the contract between your mother and the bank. For example, you would be in privity of contract if you had co-signed the debt for your mother. You should have an attorney review the letter to insure that there is no liability for you.

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Answered on 12/23/06, 12:56 pm

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