Legal Question in Credit and Debt Law in California
Who pays bills after death
I had an aunt pass away this past week, she lived in sant cruz ca and had distanced herself form her family for the past forty yrs. My uncle was notified on monday of the death, now we want to know is the family responsible for her bills that are due,
3 Answers from Attorneys
Re: Who pays bills after death
Only her estate is liable for her debts. Depending on the overall value of her estate, the estate may or may not be required to go through a formal probate.
You should try to determine if there was a will, and if her total assets exceeded $100,000. If so, it would be best that you hire a probate attorney to help with the matter. Fees are controlled by state statute, and paid by the estate.
Re: Who pays bills after death
Her estate (her property, accounts, etc.) is responsible for the debts, up to the amount of the estate--the executor appointed for the estate would pay the bills.
If she was still married, her husband may have some liability for her debts with their joint assets.
Re: Who pays bills after death
As noted by Mr. Johnson, the family (except for spouses, who may share community property debts), would NOT be responsible for the debts of the deceased. Generally, the creditors would be notified through probate, and any property can be liquidated to pay off debts. They do not "pass on" to the next generation.
I hope this information helps, but if you do have any other questions, want more information regarding any part of my answer, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can, and best of luck.
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