Legal Question in Wills and Trusts in California
Credit Card Debt Responsibility
My father recently passed away and he did not have a will or any documentation of his assets and debts. My family and I are struggling to find out what we need to do to settle his affairs. My brother heard that my mom, who was still married to my dad and lived together, is not responsible for paying for his credit card debts. Is this true?
2 Answers from Attorneys
Re: Credit Card Debt Responsibility
That is not true. Generally, most of the debt during marriage is considered community property debt, which is the responsibility of the community, including the surviving spouse. For instance, if your mother benefited in any way from your father's credit card debt, i.e. to pay the mortgage, pay for medical expenses, she is responsible for it.
Re: Credit Card Debt Responsibility
Unless she signed the cardholder agreement she is not responsible, but you father's estate is. His estate is all his separate property and 1/2 of any community property.
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