Legal Question in Family Law in California
My husband and I were divorced in California 2007 and the Separate Property Declaration and the Property Order Attachment to Jedgment both say that he was sole responsible for a particular debt from a collection agency. He died in September of 2009 and this debt was never paid. Am I responsible for the debt?
2 Answers from Attorneys
His estate is responsible for the debt. Only if there are no assets in his estate would you be liable for the debt. Make sure that you get this debt included in the probate.
His estate is responsible, and depending on when he died, the statute of limitations may have run on the collection agency collecting the debt. If your name was on the debt, you may have enforcement problems, however, and may need to consult an attorney to help you in the event the collection agency brings a lawsuit against you on the debt.
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