Legal Question in Wills and Trusts in California

My father recently passed away and left some tax debt and credit debt. There was no will but he owned his home outright. Would I, along w/ my two siblings be liable for his credit debt upon assuming control of his house?


Asked on 10/04/10, 10:34 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Not upon assuming control, if you were appointed as administrators of his estate. You would be liable if the creditors were not paid, and you took an interest upon distribution of the estate.

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Answered on 10/09/10, 3:45 pm

What Mr. Roach means is that you are not personally liable for the debt unless you take the assets of the estate without paying the bills. What you need to do before you can deal with any of this is open a probate case and apply to administer the estate. Then you can figure out what the debts are, what the assets are, how to pay the debts and then who gets the assets. That is the only legal way to deal with your situation.

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Answered on 10/11/10, 12:29 am


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