Legal Question in Wills and Trusts in California

Debts of a deceased elder parent

Our last parent recently died leaving a credit card debt of less than $10,000. She lived with my older sister in California and did not own any property, living only on social security. She had little cash in bank and only $1000 in insurance, which was used for burial. The debt was incurred by my parent to purchase medicine, not covered by medicare. Are we, the adult children, responsible in anyway for her debt?


Asked on 10/13/00, 9:14 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Debts of a deceased elder parent

No. Her estate [the assets remaining after death] is responsible for all debts, not her heirs.

The money will come from the expected inheritance, but if that is insufficient to meet the debts the balances are absorbed by the creditors, not the heirs.

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Answered on 11/06/00, 8:45 am


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