Legal Question in Wills and Trusts in California

deceased spouse

spouse deceased. credit card in his name only. married in CA. Is surviving spouse liable to pay debt? only asset left is home.


Asked on 1/23/07, 3:35 am

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: deceased spouse

For a reliable opinion and an experienced negotiator if needed, all me directly at 1.619.222.3504.

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Answered on 1/25/07, 3:07 pm
Jennifer Sawday Tredway, Lumsdaine & Doyle LLP

Re: deceased spouse

I agree with Chris Johnson's reply. If the credit card should have been considered community property -- the surviving spouse would be liable. Determination of a community property asset is not only by how title is held. Please contact the creditor and ask if you can lower the amount owed.

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Answered on 1/24/07, 2:07 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: deceased spouse

It depends, but if the debts were used to benefit the community (living expenses, etc.), the surviving spouse is probably liable. You might try negotiating the debt to a lower amount, which most creditors are open to doing.

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Answered on 1/23/07, 12:59 pm


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