Legal Question in Credit and Debt Law in California
Inheritance of the deceased parent's/spouse's debt
My father passed away just a few months ago. The hospital is chasing my mom to pay for some bills. My father didn't have insurance, but he got Medi-Cal 2 months before he died.
1. What is the law on inheritance of debt of your spouse (in CA)?
2. Does my mom have to pay for my dad's bills? (They did live together in a rented apartment, but they never own property such as house. The car that they have is on lease in my mom's name. My dad didn't own any propery. Everything is in my mom's name.)
3. In a case that my mom passes away, will I inherit her debts? (I am on one of her accounts, but we don't live together.)
Thank you.
T.
1 Answer from Attorneys
Re: Inheritance of the deceased parent's/spouse's debt
Your mother could have liability, but if she has no income or assets, she is probably "judgment proof". If she does have income or other assets, she may need to seek other alternatives to avoid having to pay the medical bills.
Children are not responsible for the debts of deceased parents, but the estate of the deceased parent is liable for the debts. In other words, there can be no inheritance until the bills are paid.
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