Legal Question in Credit and Debt Law in California
My mother died, am I responsible for her debt?
My mother recently died. I lived with her and my father, who is retired. His only form of income is SS. I am getting bills for my mother everyday (Hospital, creditcard etc)-I know they'd come after my dad first- but he has no estate or savings. I recently had their condo signed over into my name to protect the condo. Will collectors have anyway to collect these debts from me? I still live with my father, but again I pay his bills since he only gets SS. I don't think by law I should have to pay my mother's debts. But am worried they might find a way...does it matter that I used to be a co-owner with my parents on the condo? (but now it's just in my name)
1 Answer from Attorneys
Re: My mother died, am I responsible for her debt?
You are not responsible for your mother's debts, but her estate is. If you were a part owner of the condo, then they could not touch that half. If you had her transfer the title to you as a way of avoiding paying the debt, there could be a violation of the Fraudulent Transfer Act. If you originally held title as Joint Tenants, you would have had automatic right of survivorship.
In other words, there could be some liability. Furthermore, if she had received Medi-Cal benefits, you might have an issue there, too.
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