Legal Question in Credit and Debt Law in California

I am very sorry to hear about your loss. This question may be better posed to the probate, or wills and trust section of the lawguru website, but I'll try to give you my understanding of the process.

California is a community property state, which means that virtually every asset acquired during the marriage is community property. Similarly, all debts acquired during the marriage are generally held to be community debts. Legally, you may be responsible under this community debt theory. However, what is more common as I understand it, is for the creditor to seek to recover what they are owed from his "estate." Your husband's estate consists of any property he owned, or had ownership interests in at the time he passed. This would include cash, bank accounts, investment accounts, retirement accounts, real estate, personal property and anything else he could have claimed to have been his were he still alive. Generally, a probate is opened if he died without a will, and the creditors are given notice of his passing, and given a chance to file a claim in the probate. There are some expedited processes for persons with debts and/or property under certain levels - again - this is why you want to pose this to an attorney who works in the probate, wills and trust area of law.

The creditors who bother to file a claim are entitled to first-stab at his assets. After that, his assets would be distributed to his heirs which is essentially you. Do yourself a favor; I believe this site has a section for questions dealing with Probate, Wills and Trusts. Re-Post your question there and see if anyone can give you a more specific response. Also, contact your local legal aid foundation and ask if they can provide a referral to a probate attorney. Finally, the Probate Courts sometimes have clinics to help persons who cannot afford to hire an attorney to settle a loved one's estate.

Again, my condolences go out to you and your family. Good luck.

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