Legal Question in Credit and Debt Law in California
Is surviving spouse responsible for dead spouses credit debt
My wife recently passed away. As I went through her personal belongings, I found two credit cards that I was not aware of and a statement from a third company that I had an additional card for and ocassionally used, but was not listed on the original application. All three accounts were open at the time of her death and each one had an outstanding balance owed.
Upon notifying the credit card companies of her death, two of the companies asked me to send them certified copies of her death certificate, so that they could discharge the debt. The third company sent me a letter stating that even though the account was granted to her as an individual, California is a community property state and I must pay them 50% of the outstanding balance.
Is this true?
--name removed--Flores
1 Answer from Attorneys
Re: Is surviving spouse responsible for dead spouses credit debt
Not necessarily. However, her estate would be 100% responsible for her debt. If you did not sign the note, and she bought nothing that benefitted the community, you would probably have no liability.
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