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.
3 Answers from Attorneys
Re: deceased spouse
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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.
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.