Legal Question in Wills and Trusts in California

Am I responsible for paying for my fathers debts after he is gone?

What happens when a person dies and owes tons (over 75 thousand) dollars in credit card, car loans, hospital bills and collection agencies? What if the person has no money or collateral to pay off these debts? Does the next of kin have to take over the debt or is it just erased? Thank you in advance for your response, your really helping me put me at ease. I have no extra money to pay for my father�s irresponsibility�s. I should probably mention that he has not passed away yet but is terminally ill. He is not married so me and my brother would be next of kin. Also I'm in CA and he is in Oregon. Most of his debt occurred while we has in CA.


Asked on 6/18/09, 12:43 pm

2 Answers from Attorneys

Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Am I responsible for paying for my fathers debts after he is gone?

If you are not the guarantor, then debtors will look first to your father and his estate. Be careful of what you direct third parties to do during this time, because if you are acting as your father's agent or attorney in fact, then they may later look to you on the debt since you made the purchase.

That said, there is a whole areas of law built up around preserving estates (e.g., "Medicaid Planning") and helping people strategically deal with these issues. Further, there are many resources to help of which you and your family may not be aware (from veteran's benefits to state and local resources). Please contact me directly if you would like to ensure your father's debts remain his, preserve assets, do some estate planning (for you and/or your father), and/or to obtain assistance with getting your father qualified for benefits.

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Answered on 6/18/09, 1:22 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Am I responsible for paying for my fathers debts after he is gone?

Despite what some collections agents may tell you, only your father and his assets would be responsible for paying the debt.

However, be careful in what you sign, in that some providers may ask you to admit you are the "financially responsible" party, and then you would be liable for those debts.

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Answered on 6/18/09, 4:23 pm


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