Legal Question in Credit and Debt Law in California

My Husband died recently. Do I havwe to pay on his credit cards? I don;t have a card attached to his account but he authorized me to be able to talk with them on the phone.


Asked on 3/29/10, 10:10 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Your husband's estate is liable to repay the debt to the extent that it has assets to do so. Generally, after someone passes away, a probate is opened with the Court, and creditors have a specified time in which to make claims in the probate. Those claims would be repaid through whatever assets your husband had at the time he passed way. Whatever is left would be distributed through his will, or if he died without a will, through intestate succession (as his spouse, basically everything would come to you). If he had no or little assets, there is an expedited probate you can file, and that will cut the creditors off from seeking to recover from you.

There is an additional possibility in California. California is a community property State. Debts incurred while married are community debts, and in theory even if you are not liable on the cards directly to the creditor, they could seek to have you joined in liability. This isn't super common, but is a possibility. Contact a probate attorney in your area to discuss how best to proceed to deal with the creditors. I assume you have already been advising them that he passed away.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 4/10/10, 10:31 am


Related Questions & Answers

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