Legal Question in Wills and Trusts in California

Executor of Estate credit card debt

I am the executor of the estate for my deceased brother. I have paid all of his debts out of his estate money. There is a $10,000 credit card debt he owes to a bank. I signed a form to the bank that I would pay them. Now, after paying bills and property taxes out of the estate account I cannot afford to pay the bank. What can I do if I don't have the money for his debt? Thankyou.


Asked on 4/05/06, 12:56 am

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Executor of Estate credit card debt

this question cannot be answered correctly and completely without reviewing all relevant documents, including any court files and correspondence. normally, only the assets of the estate (or those of a surviving spouse in the case of community property debts) are liable for debts of the decedent. however, this may depend upon the "form to the bank" which you signed.

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Answered on 4/10/06, 11:15 am


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