Legal Question in Credit and Debt Law in California
Financial Responsibility After Death
Is a widow/er financially repsonsible for all debts incurred by their spouse? What if the spouse knew nothing of the debts?
Asked on 4/03/02, 1:31 am
2 Answers from Attorneys
Ken Koury
Kenneth P. Koury, Esq.
Re: Financial Responsibility After Death
If the debts are community debts which basically means debts incurred during the marriage then yes. If the debts are seperate debts, for example debts that existed prior to marriage, then no.
Answered on 4/03/02, 4:02 am
Ken Koenen
Koenen & Tokunaga, P.C.
Re: Financial Responsibility After Death
The estate of the deceased is primarily liable. The debt also needs to be characterized as separate or community debts. It would depend on the circumstances.
Answered on 4/03/02, 1:09 pm