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

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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.

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Answered on 2/04/10, 6:31 pm


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