Legal Question in Wills and Trusts in California

Dad passed & debt?

My father passed away and left his house to us three kids. Everything is fine between us kids that were left his house except I have one question. We will be doing probate soon and need answers.

The last year that my father was seriously ill my sister talked my Dad into letting her have a credit card. Dad was the primary so she was just added her onto one of his existing cards. (Making it jointly owned) His debt was already up to about $8000...she only added maybe $1000 to my knowledge? Could be more as I only know what she told me? She might of continued to use it after Dad passed away, who knows for sure? She said she didn't but I have no proof of that as of yet? Will she be responsible for just her portion on his credit card, or will she be responsible for the entire debt on that one card? She was suppose to be buying his medications but I remember how mad dad was because she was buying gas and eating out at resturants & having fun at his expense. So will she be liable for that entire card or only what they can prove she spent on it? From what I have read it sounds like she might be stuck with the full amount which only seems fair to my brother & I?


Asked on 5/10/08, 1:55 am

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Dad passed & debt?

She may be liable to the estate for what she spent, but, she is likely to take the position that use of the card constituted a gift. I smell litigation here. Best to split the baby and negotiate a resolution.

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Answered on 5/10/08, 7:14 pm


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