Legal Question in Credit and Debt Law in California
Who pays credit card debt of deceased father?
My father passed away last month, he left a visa credit card debt of $9,000. The account has only his name and social security number attached. His wife survives him and their house is in a living trust. Should we send the credit card company his death certificate, and will they write off the debt or come after his surviving spouse for payment?
1 Answer from Attorneys
Re: Who pays credit card debt of deceased father?
Well, I am assuming that your parents were married at the time that the $9,000 was racked up. I also assume that minimum payments have been made from community property. Given these facts, it is a community debt and it is therefore possible for the credit card company to go after your mother to pay the debt.