Legal Question in Wills and Trusts in California
credit card obligations of deceased
I was on a joint bank account with my mother and she passed away recently. She had 3 credit cards with a total balance of $15,365. She was the only one on these credit cards accounts. Can you tell me if Im required to pay these credit card bills from the joint bank account we had together? Her estate is very small and not in probate. Thank you
3 Answers from Attorneys
Re: credit card obligations of deceased
Generally not--joint tenancy assets and life insurance, among other things, are usually free from creditors of the estate. The creditors would have to make a claim against the probate estate, and if no probate is filed by you, it's unlikely they'd go through the process. Also, the statute of limitations on creditor claims against someone, in California, is generally one year from the date of death.
You may still get demands from the creditors who are unaware of the law, but they would have to make their claim in the probate process.
Re: credit card obligations of deceased
Personal bills tend to die with the owner. The estate can be held liable to the extent of asets in the estate at the time of death. A joint account became yous at her passing, it should not be included in the estate.
Re: credit card obligations of deceased
No. You do not need to use the funds in the joint account to pay for debts of your mother. Only her estate assets are required for the payment of debts. I would be glad to prepare the necessary document to access the other assets if the total estate is under $100,000. Thank you.
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