Legal Question in Credit and Debt Law in California

Is Family Responsible to pay deceased father's debt?

My father passed away a few months ago and just recently found out that he had apparently promised to pay someone after making a loan with them. My family was never aware of it and we never met this other party until recently. Now, we have gotten a letter telling us to make arrangements to pay this person back. Do we have to pay my father's debt, even if we never knew about it? The other party apparently has proof, but we have no documents showing this. What happens if he doesn't have an estate? What actions can we take in order to stop this from happening? Please help.


Asked on 9/15/07, 12:41 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Is Family Responsible to pay deceased father's debt?

Unless he had assets before his death, you are not obligated to pay his debts. There are certain time restrictions on filing a lawsuit against an estate. Also, the creditor should make a written claim and provide you with proof of the debt.

Read more
Answered on 9/15/07, 1:43 pm
Joel Selik www.SelikLaw.com

Re: Is Family Responsible to pay deceased father's debt?

only the assets of his estate are required to pay for his debts.

Read more
Answered on 9/15/07, 2:50 pm


Related Questions & Answers

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