Legal Question in Wills and Trusts in California

In general, you would not be liable, but if it can be shown that the items purchased were for community purposes it could be argued that you should have some liability. Also, if the items bought were still in existence, e.g., furniture, a car, etc.,it could be argued that you either have to pay for them or return them so as to not benefit without paying for them. These latter two arguments probably would not be raised by most credit card companies.

First of all you need to keep in mind that the estate of the deceased spouse is still responsible for the credit card bills. If they are not paid by the estate the credit card company can make a claim (within certain limits) against the estate would have to be paid before any distributions could be made to beneficiaries. Depending on what the charges were for you could also have some liability for certain items which you got the benefit of. Depending on the facts and amounts involved you could probably negotiate a significant discount and/or payment plan with the companies in order to avoid any complications and to avoid them pursuing you. At the end of the day, if the charges are legitimate a reasonable effort should be made to pay them.

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