Legal Question in Wills and Trusts in California
Assumption of Weird Debts
My friend (a woman) married a US citizen and she applied for a green card. (That application is still pending. I don't know if the citizenship issues effect the probate issues, so I supplied that info here anyway.) After less than a year of marriage, the husband died. The husband was paying high credit card debts (15 separte cards) that he said he owed to his first wife whom he divorced 33 years ago. He implied that it was an alimony arrangement, although the cards were all in his name. He was very secretive about his affairs, and we can't find out how these cards got charged so high.
In general, is the widow responsible to pay credit card debt of her husband if the cards were in his name only and incurred when they were not married?
Is she responsible to use his life insurance and pension to pay these debts?
Is she responsible to pay them if they were not his charges but an ex-wife's?
4 Answers from Attorneys
Re: Assumption of Weird Debts
That's a tough one! I do not believe the citizenship issue is relevant so I wouldn't worry about it. The debts are probably the responsibility of your friend but maybe with some fighting she can avoid them. Additionally, if no probate is filed it might be tough for the creditors to collect. I would say she could be in for a long and interesting battle but one she might win with some stamina! Good luck!!
Re: Assumption of Weird Debts
You do not pay your husband's debts from his pension because that pension is to protect YOU in your old age. You do not pay your husband's debts from the life insurance policy because again, the money from the life insurance is to protect YOU. However, if your husband had any money or property when he died you have to open a probate to pay his creditors and the creditor DOES have to be paid out of your husbands own assets. After the creditors are paid the estate can be distributed to the heirs.
Re: Assumption of Weird Debts
Unfortunately, a debt may be enforced against the surviving spouse in the same manner as it could have been enforced against the deceased spouse if the deceased spouse had not died. [Prob C � 13554(a).
In any action or proceeding based on the debt, the surviving spouse may assert any defense, cross-complaint, or setoff which would have been available to the deceased spouse if the deceased spouse had not died. [Prob C � 13554(b)].
The action whether accrued or not accrued at the time of death, must be commenced within 1 year after the date of death. [CCP � 366.2(a); Prob C � 13554(c)].
Just the way survivors inherit assets, they also inherit the deceased persons debts unless there are extending circumstances to have the debts abolished, mitigated, or reduced. The answer to most of your questions in general are YES, but this is not specific to these circumstances because there are not enough facts here. You should seek competent counsel to assist you with this. Best of luck to you.
Re: Assumption of Weird Debts
You are not getting good advice. She may not liable for the debts depending on what type of property is available at the time of death. She should see a lawyer before paying anything. If the husband had no property then she owes nothing.
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