Legal Question in Wills and Trusts in California

Re: Responsible for late husband's credit cards

Sorry for your loss. As long as the credit accounts are not in your name, they are his debts. Send the credit card companies copies of his death certificate. You may have to do it several times because they don't like to be told they won't be paid.

Re: Responsible for late husband's credit cards

I, too, am sorry to hear about your loss.

Unfortunately, these may be community debt and, therefore, the debt could be owned by the two of you jointly; further review of your late husband's estate planning, if any, would be necessary for complete certainty.

The fact that there are not enough assets for probate is, unfortunately, irrelevant at this point in time because, as the surviving spouse, everything is transferred to you, providing there is no will or trust stating otherwise.

Much of the information that you need is available on our website located at www.No-Probate.com. If you require additional assistance, please feel free to contact me directly at 626-578-0708.

Re: Responsible for late husband's credit cards

And yes Virginia there is a tooth fairy and a Santa Claus. I'm sorry to burst your bubble but your husband has debts that he used in all probability for the community which you are equally responsible to take care of upon his death. When God in heaven makes the laws then maybe she will be able to have debts forgiven upon death, but don't hold your breath. You need an attorney who is an expert in estate planning/probate. If your husband has a will or a trust to take effect upon his death then you may or may not need a probate. If you have assets in excess of $100,000 that you may or may not need a probate. One thing you definitely need is better advisers and an attorney who can tell you what you should be doing. While I am sorry for your loss at the same time you will be losing more than you ever expected if you don't get good legal advice.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.