Legal Question in Credit and Debt Law in California
My sister passed away unexpectedly in the state of california on February 4, 2013. She had moved out to California from Texas after the death of her husband to help care for our parents in Salida, California. During this time, she borrowed $9,000 from my parents. Note: My brother has borrowed over $30,000 without paying back a dime. My sister was paying them back $50.00 a month from what little pay she was making working part time as a caretaker. My brother-in-law contacted my niece back in Texas stating that she needed to start making payments to my parents - note: my mother is now in the hospital has been for two weeks and is not expected to live. My sister's daughter had no idea of the loan and has no means of paying it back and doesn't know what to do. Be it noted that my brother-in-law is quite wealthy and is a collector of porches (nineteen and counting) and has never paid a dime to my mother for babysitting his children while he and my sister lived abroad and never paid her back for jewelry and money stolen from my mother while she watched said kids. Is my niece liable for these loans? Note: my sister took care of my parents all this time with no pay and no breaks with help from my sister who lived two hours away (I live in the state of washington). What should my niece do? My parents have no idea that my brother-in-law has called my niece though he has made no attempt to go after my brother for the money he owes. I know my mom is racking up debt by being in the hospital so long, but we are still grieving my sister's unexpected death and I find this so callous. What rights does my niece have?
2 Answers from Attorneys
We are sorry for the unexpected loss.
Your sisters estate is responsible for debts. Your niece has no responsibility to pay any debts. It does not sound like your sister has much of an estate.... If she borrowed the money from your parents they should be worried about claims not anyone else...
I agree that your niece has no responsibility to re-pay the debts of her mother. The only source of assets to re-pay that debt is your sister's estate. In addition, your brother-in-law has no right at this time to insist that the debt be re-paid.
I, too, am sorry for your loss, and wish you and your family well.
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