Legal Question in Credit and Debt Law in California
My mom recently passed away and left credit card debit, is my father (spouse) responsible for that debit if this account was in her name only?
Asked on 1/24/10, 12:51 pm
2 Answers from Attorneys
Elizabeth Karnazes
New York Offices of Elizabeth Karnazes
yes it is a community property debt
Answered on 1/30/10, 2:46 am
Melvin C. Belli
The Belli Law Firm
Probably since they were married at the time the bills were incurred if it was used for the community. If she had separate property and these were used for the separate property then maybe not.
Best bet just tell them she passed away, and they may forget about it but do not under any circumstances tell she was not married if they ask, because that is fraud.
Sorry to hear of your loss and good luck.
Answered on 2/04/10, 6:31 pm