Legal Question in Credit and Debt Law in California
Mother's credit card bills
Does my father have to continue paying his deceased wifes credit card bills if he was not on her account. These were in her name only .......not his.
My sather is on social security and so was his deceased wife.
2 Answers from Attorneys
Re: Mother's credit card bills
Her estate is responsible for the credit card bills.
Re: Mother's credit card bills
While your mother's estate is responsible for paying her bills after her death, in California if there are any assets in the estate, no probate is opened, and your father receives any of the assets of the estate, the creditor could possibly seek to hold him liable for the debt. When a person dies, all of their assets must first be used to pay their creditors. Whatever assets remain are distributed to their "heirs." If the heirs take the assets before the creditors are paid, the creditors can sue the heirs to recover the amount they are owed.
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