Legal Question in Credit and Debt Law in California

does a husband have to pay a loan off that his wife co sign for after her death?


Asked on 4/16/10, 10:02 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

This question is one which really should be posted to the Estate and Trust section (or Probate - don't remember how they divide up areas of law on LawGuru) of this site. The question of survivor debt for a deceased spouse's obligations is one of probate, estate and trust law, not really on of collections law. I can tell you that her "estate" is liable for the debt, but the husband may or may not be, depending upon whether the debt can be categorized as a "community obligation" under California's Community Property laws.

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Answered on 4/21/10, 10:11 am


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