Legal Question in Credit and Debt Law in California

obligation to cerdit card debt due to death of spouse

my father recently passed away, my mother is 85 yrs old, on social security, no life insurance benefits other than 3 thousand dollars, rents a apartment, does not have a car, has no assets. my father had 6 thousand dollars total in different credit card bills which was under his name, can we request or expect the creditors to write off these debts since there is no financial way my mother can pay any of these off,no matter of what arrangements they will attempt to make with her.


Asked on 1/03/01, 11:09 pm

1 Answer from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: obligation to cerdit card debt due to death of spouse

If the credit card was only in your father's name your mother is not responsible for it. If there is any community property I suppose technically they could go after your father share of the community property but I've never seen the credit card company actually do this. When you're dealing with the credit card company or not dealing with real people you're dealing with a computer and if your mother is not listed on the computer as being on the account that will probably be the end of it. If there are no assets that it sounds like there will be no probate. I would just send credit card company a letter stating that your father has died and he left no assets and there is no probate. I wouldn't even mentioned your mother to them.

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Answered on 1/05/01, 1:21 pm


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