Legal Question in Wills and Trusts in California

Creditors/Estate

My wife passed away 2 years ago, she was very ill for years and we were in bad financial trouble. We both had creditors after us. Since her passing, how do I deal with the creditors for the accounts in her name alone? Some want information regarding her estate, she had no life insurance or any cash, we do own a home, but thats about all we have. Any help is greatly appreciated.


Asked on 10/05/07, 12:09 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Creditors/Estate

If your home was owned as "joint tenants" or as "community property, with rights of survivorship, her estate has no interest in the home. Tell the creditors that if they want they can attempt to collect by probating her estate, but that there are no assets that you know of to probate.

That being said, spouses are liable for debts of a spouse if they were incurred for the "common necessaries" of life. So you may have liability for some of your wife's debts.

Read more
Answered on 10/05/07, 1:11 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California