Legal Question in Wills and Trusts in California

Re: Credit Card Liabilty

Generally, your separate property will not be liable for the separate debt of a deceased spouse, unless the items purchased with the credit cards were for the "necessaries of life". What those are is subject to debate, depending on your overall lifestyle.

Any community property would most likely be liable for the separate debt of the deceased spouse. That means if the house was community property, they could look to that asset for recovery.

A lot will also depend on whether or not the estate has gone through a full probate or an abreviated probate.

Finally, there is a 1 year statute of limitations from the date of death for the credit card company to file suit.

This is actually a complex issue, and I don't want you to depend solely on my answer here. This is a generality, and without seeing all the facts, I can't make a definitive answer.

Re: Credit Card Liabilty

Dear Widower:

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)]. I don't know what jurisdiction you reside but there are probably similar provisions in your probate code. 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. You should seek competent counsel to assist you with this. Best of luck to you.