Legal Question in Wills and Trusts in California
My mother in law passed away and did not have a will. She lived in an apartment alone, are we legally responsible to continue to pay till the end of the lease? Can they legally come after the family and who was not on the lease for money?
2 Answers from Attorneys
You are not legally responsible for your mother-in-law's debts, but the assets of her estate, if she has one, are subject to creditor claims, so it's best to clear out the apartment ASAP.
While you might likely get away with it, what Mr. Tillem is advising is illegal. You can't just take off with a deceased person's assets without paying their debts. He is correct that they can't come after you for payment of her debts with your money, but if you take her assets without paying her debts first, they may be able to prosecute you for a fraudulent conveyance.
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